How to Enforce Visitation Rights
When a custodial parent refuses to comply with a valid visitation order, she is in contempt of court and possible guilty of a crime. While state laws vary on enforcement of visitation orders, there are common steps a parent can take to assert his rights and enforce the visitation order.
Other People Are Reading
Instructions
-
-
1
Read your custody and visitation order. Carefully read the court-issued visitation order and make sure it provides for specific visitation times and days. Confirm that the custodial parent has violated the terms of the order. Visitation orders that are not specific cannot be enforced. For example, an order which allows "father reasonable visitation" is vague and cannot be enforced by the courts. If the visitation order is vague, take steps to amend the order rather than to enforce it.
-
2
Consult your state's visitation statutes. Some states have legislation that makes it a crime to interfere with court-ordered visitation. If your state has such a statute, ask the police to enforce the visitation order immediately. Make a copy of the statute and your visitation order to present to the police, if necessary.
-
-
3
Document visitation interference. Document in writing the dates, times and locations when visitation was limited or not allowed by the custodial parent. Video and audio recordings of visitation attempts are also powerful evidence for the police and the courts. Check your state's laws to determine whether you must inform the custodial parent that you are recording the visitation attempts.
-
4
Call the police. If your state makes visitation interference a crime, call the police when the visitation order has been violated. Remain calm and in your vehicle on the street until the police arrive. Present the police with your identification, a copy of the visitation order, documentation that the custodial parent is not adhering to the visitation order and a copy of the visitation interference statute. The police should enforce visitation and perhaps arrest the custodial parent for visitation interference under the statute.
-
5
Petition the courts. If your state does not have a criminal visitation interference statute, or the police will not enforce it, petition the court for enforcement of the visitation order. Collect all of your documentation of denied visitation and file a petition requesting the court enforce the order. A custodial parent who does not comply with a visitation order is in contempt of a court order. Punishment for contempt can include substantial fines and even jail time. It is wise to hire an attorney to help you enforce a visitation order by petitioning the court.
-
1
References
- Photo Credit Jupiterimages/Comstock/Getty Images
