If you are denied visitation you should report this to the police every time. Often if you are a non-custodial parent the police will be very reluctant to file any paperwork, but be persistent. If the police officer won¿t file the paperwork you should insist on speaking with a supervisor about documenting the violation of your visitation court decision. The documentation of the denial is very important, also make sure you get keep a copy of the report.
What Happens if My Visitation Judgment Is Issued by Another State?
All states should recognize and enforce another state’s custody decision under the full faith and credit clause of the U.S. Constitution. However, many states have in the past sometimes ignored this clause because of differences in individual state laws. The Visitation Rights Act of 1998 has made it clear that a visitation order must be followed by all states. If even if your visitation judgment is from out of state, the police and the courts are obliged to recognize it and treat it the same as if it was an in-state ruling.
Do I Need to Register My Visitation Order?
It is advisable to register your order with the state that will be enforcing it. This will make it easier for the police and the court to enforce the order.
Why Do I Need Documentation through a Police Report?
It is very important to document the violation of your visitation rights or a judge will think you don’t care and won’t take you seriously.
What Do I Do with My Stack of Police Reports?
If a parent wants the court to enforce the visitation judgment, the other parent must file a court action against this parent. You should wait to do this until you get a couple of police reports for denied visitation, and then ask the judge for a contempt violation against that parent. If the parent is found to have violated your visitation order he/she can be found ¿in contempt¿ of court.
What Do I Do with the Contempt Violations?
You should repeat the process of collecting police reports and then asking for a contempt violation. Repeat this process until you have a couple of contempt citations and then you can ask the judge for modification of custody based on the repeated contempt. Constant denial of visitation can be grounds for parental unfitness. A contempt of court can also result in a fine, jail time or both. Jail time for contempt because of visitation denial is however very unusual.
What Court Has Authority to Hear the Case?
The court that can hear and decide your visitation denial case is usually the original court where you originally got your visitation order.
Should My Visitation Order be Specific?
Your visitation judgment must be specific. If it contains phrases like “liberal visitation” or “reasonable visitation” and doesn’t specify exactly when you have visitation rights, it can be too vague for the police to help you. If this is the case you’ll have to go to court to modify your visitation order. This should include specific times, dates and locations for the exchange of your child/children.
What are Some Other Ways to Coerce my Ex-Spouse to Let Me Visit My Children?
There is a possibility that a court might give you permission to withhold child support as a coercive measure, but don’t do this without a court judgment. There is also another possible way to try to get to see your children which is to sue the other parent for withholding visitation.
Do I Need a Lawyer for My Visitation Issue?
If you are seeking to enforce your visitation rights with your children, it may be wise to consult with a family lawyer to discuss how to go further. Working with an experienced family lawyer can help you understand your rights and help you deal with the complicated legal system.
http://www.legalmatch.com/law-library/article/denied-child-visitation.html
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