What Can I Do if My Ex Won’t Comply With Visitation?

When a couple who shares a child decides to break up, it can be devastating as both parents may have a hard time coping not only with the end of the relationship but also the idea that they may no longer see their child every day. However, this can become even more devastating if you are denied custody of the child and granted visitation instead. Unfortunately, this may not be the worst-case scenario, as that can occur in the event your spouse repeatedly fails to comply with the visitation order. If this is the case, you’ll want to keep reading to learn about your rights and the importance of working with New Jersey child visitation lawyers to explore your legal options.

What Is Visitation in Custody Matters?

When a couple who shares a child files for divorce or breaks up, they may try to work together to determine the best living arrangement for the child. However, if they cannot reach an agreement, court intervention is necessary.

When the court intervenes in a custody matter, it’s imperative to understand that they will adhere to the “child’s best interest” standard, which ensures they consider the health and wellbeing of the child above all other factors. Additionally, the courts generally believe it is in the best interest of the child to remain in the custody of both parents. However, as they examine the factors involved, this can change, and only one parent may be awarded custody as a result.

Because the court strives to ensure the child can maintain a relationship with both parents as they believe it’s in the child’s best interest, you may be granted visitation rights to spend time with the child on a scheduled basis. Generally, this includes daytime visits, weekly dinners, overnight stays, weekends with the child, and even extended stays over summer vacation.

If My Ex Refuses to Comply With Visitation, What Can I Do?

When you are granted visitation of your child, it’s important to understand your rights in these matters. Unfortunately, you may find that despite the court order allowing you to spend time with your child, your ex-spouse continually interferes with your scheduled visitation or flat out denies you the right to see your child. For example, they may fail to drop the child off on time, thus shortening the time you get to spend with them. In more severe instances, your ex may continually refuse or deny your right to see the child.

While these matters can be frustrating, it’s important to ensure you take the necessary legal steps to protect yourself. First and foremost, you should still adhere to the custody schedule. This means you should not go over your scheduled time with the child, even if they were dropped off late. Doing so can be held against you. You should also document all instances of violations on your spouse’s part to ensure you can substantiate the claims that they violate the order.

Once you have evidence, you can file a motion with the court to enforce the custody orders. They will review the evidence, and if it’s found that your ex is in violation of the orders, they can take measures like imposing fines and fees to enforce the agreement. If violations are particularly egregious or continue, they may change the custody arrangement or hold your ex-spouse in contempt of court.

If you are having trouble because your ex refuses to comply with visitation, it is in your best interest to connect with an experienced attorney to discuss your legal options. At Haber Silver Russoniello & Dunn, our dedicated family law team can help you fight for the best possible outcome. Contact us today to learn more.