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Has your ex stopped you from seeing the kids? 

On Behalf of | Jul 3, 2024 | Family Law |

One of your main concerns during divorce was how often you would see the kids. You and your ex came to an agreement, and this was signed off on by the court. 

A custody order is a legally binding agreement that generally provides visitation rights to the noncustodial parent. What if the custodial parent wants to stop your visitation? Can they do this? 

Parents have a right to visitation 

Generally, visitation cannot be prevented by the custodial parent. It is not up to them how often you see your child – it is up to the court-ordered custody schedule. This is something that both parents have to stick to, and the custodial parent has a duty to ensure that the child sees the noncustodial parent on scheduled days. 

The only exception to this may be if the child is in immediate danger. For example, if there is clear evidence of substance abuse or physical violence from the noncustodial parent. Visitation cannot be prevented for unlawful reasons such as failure to pay child support or disputes between parents. 

What can you do about it? 

If your ex has stopped visitation, there are several options open to you. The first step is to know exactly what the custody order includes. Reviewing this gives you a better idea of where you stand. Once you have done this, you can try communicating with your ex directly to remind them that the custody order is legally binding. 

If this doesn’t work, be sure to write down every date that you have been denied visitation. You can then think about your legal options and how guidance might help you to assert your parental rights.