For many couples, one of the most difficult parts of divorce is knowing you may not see your child every day. However, when the courts issue their custody decision, it can be hard to learn that you were not granted custody, but rather visitation with your child. As such, when your ex-spouse repeatedly interferes with the little time you can spend with your child, it can be infuriating. If this reflects your circumstances, it’s critical to understand that you have legal rights. The following blog explores what you can do if your ex won’t let you see your child and the importance of connecting with a St. Louis family lawyer to help you navigate these difficult matters. Keep reading to learn more about the steps you can take to fight for your rights.
What Is Visitation in a Custody Matter?
When faced with a custody battle, the courts will examine a number of circumstances before issuing a decision. Generally, when determining these matters, the court adheres to the “child’s best interest” standard, which essentially prioritizes the health and well-being of the child above all else, including the wishes of the parents. In most instances, the judge assigned to a custody case enters with the belief that joint custody would be in the best interest of the child. However, as they examine the different elements of the case, this can change based on their findings.
In some instances, if the court determines it is best for the child to remain in the care of one parent, they may grant the non-custodial parent visitation rights. Essentially, these are scheduled visits in which a parent who has not been granted custody can spend time with the child. Depending on the circumstances examined by the courts, you’ll find that these visits can take the form of overnight visits, weekends together, weekly dinners, and even extended visits over summer vacation.
What Can I Do if My Ex Interferes with Visitation?
When your ex repeatedly interferes with your visitation rights as granted by the family court, it’s critical to understand that you have rights. While the court may not intervene in a few late drop-offs, if your ex-spouse drops the child off late every time, thus interfering with your scheduled visitation, it can be grounds for action. Additionally, if your ex simply refuses to allow you to see the child during your allotted time, you should take legal action.
If this occurs, you should document all violations. This includes the date and time at which the violation occurs and any communication you have with your ex-spouse regarding this matter. When discussing their violations, you should remain calm and objective. Additionally, all conversations should be in text or email to provide evidence of the exchange.
Being denied your right to spend time with your child can be devastating. As such, it is in your best interest to connect with an experienced family law attorney with Stobie Family Law Group to explore your legal options during these difficult times. Our firm understands how frustrating these matters can be, which is why we are committed to helping you fight for the best possible outcome during this period. When you need help, contact us today to learn how we can help you.
