What Happens If The Custodial Parent Denies Parenting Time?

parenting timeQuestion:

What happens if the custodial parent denies parenting time?

Answer:

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, contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

One comment on “What Happens If The Custodial Parent Denies Parenting Time?

    Without a custody order in Virginia, if both parents have equal rights, how does that then legally allow one parent to block the other parent from seeing the child?

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