What happens if the custodial parent denies parenting time?
While I am not licensed to practice law in your state and am unable to give you legal advice, I can give you some general observations on this issue based on the jurisdiction where I practice.
Where I do practice in Virginia, there are few options if visitation is being denied. If there is a visitation order that has been entered by a court, then you can file a Rule to Show Cause to ask that the custodial parent be held in contempt of court. This process usually results in the non-complying party paying the attorney fees of the aggrieved party.
If there has been no custody and visitation order put into place by the court then you must file a petitioner for custody and visitation. Before a court makes a determination on custody and visitation both parents have equal rights to the child. What this means is that one parent can legally block the other parent from seeing the child.
Child custody and visitation is very jurisdiction-specific and requires a specialized knowledge of local law. For these reasons I would suggest you contact an attorney who specializes in family law matters in your jurisdiction.
Remember, I am unable to provide you with anything more than tips on these matters, so please contact an attorney in your jurisdiction to obtain specific advice as to the laws of your state and how they impact your case.
To arrange an initial consultation to discuss rights for men with a Cordell & Cordell attorney, including Virginia divorce Lawyer Charles D. Hatley, contact Cordell & Cordell.