When one parent refuses to allow court-ordered visitation, it can create significant emotional and legal challenges. In Massachusetts, both parents have rights and responsibilities under a custody agreement. If the other parent is preventing visits, you have legal options to enforce your rights.
Understanding Your Visitation Rights
Visitation agreements, also called parenting plans, are legally binding. A parent cannot simply decide to withhold visitation without a valid legal reason. If there are concerns about safety, the proper approach is to seek a court modification rather than taking matters into one’s own hands.
Document the Denial
If you are being denied visitation, keep detailed records. Note the date, time, and method of communication with the other parent. Save text messages, emails, or any other correspondence related to the missed visits. If the denial is ongoing, a pattern of interference can strengthen your case in court.
Communicate Clearly
Before taking legal action, try to resolve the issue through direct communication. A misunderstanding or scheduling conflict may be the cause. If the other parent continues to refuse visits, remain calm and avoid escalating the situation. Stick to written communication when possible to maintain a record of interactions.
Seek Mediation or Legal Assistance
In some cases, mediation can help resolve disputes without going to court. A neutral third party may facilitate an agreement. However, if the other parent refuses to comply, consulting a family law attorney is often the best course of action. An attorney can review your situation and determine the next legal step.
File a Complaint for Contempt
If the other parent is violating a court order, you may file a complaint for contempt in the Massachusetts Probate and Family Court. This legal action asks the court to enforce the custody order and hold the non-compliant parent accountable. The court may impose penalties, including make-up visitation time or fines.
Request a Modification if Necessary
If visitation denials continue or the existing order is not effective, a modification may be needed. The court will consider changes if there is evidence that the current plan is not being followed or is not in the child’s best interests. A lawyer can help present your case for a revised arrangement.
Do Not Retaliate
While visitation denial is frustrating, retaliating by withholding child support or engaging in similar behavior can harm your case. Courts expect parents to act in the child’s best interests. Taking legal steps instead of reacting emotionally will improve your position in court.
Protect Your Relationship with Your Child
A parent denying visitation can strain your relationship with your child. If visits are being blocked, stay in contact through phone calls, video chats, or letters if possible. Consistency reassures the child and helps maintain the bond while legal matters are addressed.
Conclusion
If you are facing visitation denial, act promptly. Document the issue, attempt resolution, and seek legal assistance if necessary. Massachusetts courts take custody violations seriously and have processes in place to protect parental rights. A family law attorney can help ensure you receive the time with your child that the court has granted.
