By Jason Hopper
All too often divorced dads will contact Cordell & Cordell mens divorce attorneys with a concern that they are not being granted their ordered parenting time with their children.
Very often, the question is, “What do I do when my parenting time is denied?”
Most states set out the assumption that all parents not granted custody of a child are entitled to reasonable parenting time rights with their children, unless the parenting time by the noncustodial parent may endanger the child’s physical health or significantly impair the child’s emotional development.
In cases where arguments for child endangerment are not being raised, the noncustodial parent can seek out many tools available under state’s divorce laws.
The noncustodial parent may first request that the custodial parent pay for the noncustodial parent’s reasonable attorney fees or litigation expenses for bringing the parenting time dispute before the court’s attention.
In order to ensure that these fees be paid, the noncustodial parent may request the court order the custodial parent post a bond or other guarantee that is satisfactory to the court to secure enforcement of the provisions of the parenting time order.
If the noncustodial parent regularly pays their child support, that parent may ask the court to enter a temporary restraining order or injunction against the custodial parent from interfering with their parenting time rights.
Additionally, in instances where it may be proven that there has been an intentional violation of a court order without justifiable cause or of an injunction or temporary restraining order, the custodial parent may be held in contempt and ordered to perform community restitution or service without compensation.
In cases where there is a pattern of parenting time interference or denial of parenting time, courts may use the denial as a basis to grant a modification of child custody or order a term of incarceration with a contempt filing.
If you are a parent and your parenting time rights have been interfered with or denied, the divorce attorneys of Cordell & Cordell may assist you with your parenting time dispute.