How to Withhold Visitation Rights
You should not withhold visitation rights between your minor children and your spouse or ex-spouse. It is in the best interest of the minor children to have the influence of both parents. There are some situations when you may feel compelled to withhold visitation rights, such as alcohol or drug abuse by the other parent or significant other, or child abuse by the other parent or significant other.
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Instructions
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Contact an attorney to help you with this process. This is a difficult process and can be long, depending on the circumstances. Make sure your attorney has experience in matters involving children and abuse issues.
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Document any and all wrong doing by your spouse or anyone in the household. If your children are coming home with bruises, take pictures. Make sure the pictures are dated. Submit the photos to your attorney.
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File an injunction on behalf of the minor children against your spouse. You will have to go to a court hearing and prove to the court that you have a very good reason for wanting to keep the minor children away from their mother or father.
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File a Petition for Primary Sole Custody of the Minor Children. Your attorney will help you through all of these steps. As part of the petition, and possibly as part of the injunction, you may request a psychological evaluation and/or a home study. The court will review the professional's recommendations, and make a ruling on custody and visitation.
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Hire a private investigator to follow your spouse if you suspect he or she is leaving the minor children unattended. Have the private investigator prepare a report and submit it to your attorney. The private investigator must be prepared to testify in court to his findings. The court will not accept the report on its own.
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Tips & Warnings
Never withhold visitation because your spouse does not pay his or her child support. Contact your attorney if this is the case.
This is not to be construed as legal advice. The author is not an attorney. Contact your attorney for help in matters such as custody, visitation and other marital matters.
