No one ever expects that their marriage will end in a divorce or separation. However, this is the unfortunate reality that most couples have to deal with at some point. And divorce can be emotionally taxing, especially when there are children involved.
It is not unusual for the custodial parent to deny the other party visitation on a court-ordered schedule. This can be quite stressful, especially if you are certain that you are not violating any terms. When you are denied visitation, it is important to know what to do, and missteps to avoid. Here are two mistakes that you should never commit when the other party violates your visitation rights.
Taking matters into your own hands
It can be tempting to try to solve the problem of denied visitation your way by taking the children by force or having them beyond the duration prescribed in the custody and visitation order. This can have serious ramifications. While you may feel “owed” extra time thanks to your ex’s refusal to let you visit your kids, this can amount to parental abduction.
In so doing, you risk being arrested for kidnapping. Additionally, your ex can make a compelling case to have your visitation modified to supervised visitation or have your visitation time reduced. It is always in your best interest to work within the confines of the law.
Stopping child support payments
It is not uncommon for a parent to feel that if they are being denied the right to visit their children, then they have a right to revenge by stopping child support payments. Unfortunately, the system does not work this way. Just because the other party has infringed on your rights by violating a court decree does not mean that you can return a favor too. You must honor your child support obligation while you work on the visitation issue.
Failure to fulfill your role can result in serious repercussions. You will fall back on child support payments, and you can be found guilty of contempt for willful non-payment of child support. This can result in a fine or imprisonment.
If your ex is not following the child custody and visitation order in place, you may feel angry and frustrated. However, it is important that you avoid mistakes that can complicate issues further.