It can be distressing when a court-ordered visitation schedule is in place, intended to serve the child’s best interests, but your former spouse repeatedly disregards its terms. If your ex-spouse refuses to comply with a visitation order and prevents you from seeing your child, you may feel helpless. This blog post explores what you should know about these matters and the importance of connecting with our determined Edison Child Custody Lawyers to navigate these complex issues effectively.
What is Visitation?
When parents decide to file for divorce in New Jersey, it’s crucial to understand how the court handles these matters. Generally, if the parents cannot agree on how to share custody, the court will intervene to determine what arrangement is in the best interests of the child. This standard ensures the child’s health, safety, and overall well-being. The court typically believes that it’s in the best interest of the child ot maintain a relationship with both parents and will award joint custody whenever feasible.
Nevertheless, there are instances in which joint custody is not in the best interest of the child. However, the court often recognizes the benefit of a child maintaining a relationship with both parents and may order visitation. Visitation grants the non-custodial parent the right to spend time with the child through various arrangements determined by the court. It’s important to note that visitation differs from custody. A parent with visitation rights does not have the authority to designate the child’s primary residence or make legal decisions for them without legal custody.
If My Ex Won’t Comply With Visitation, What Can I Do to Protect My Rights?
When a former partner violates a court-ordered visitation schedule, it can prevent valuable bonding time with your child and create considerable frustration. Common examples of this include consistently late drop-offs that shorten your allotted time or the outright denial of visitation. In such situations, your initial action should be to document each instance of non-compliance. This record can serve as crucial evidence, demonstrating a pattern of behavior to the court that necessitates enforcement.
Following this, attempting to communicate with your ex to address the issues as a potential misunderstanding can be beneficial. Sometimes, these violations may not be intentional and may be easily corrected. However, if the problematic behavior continues or your communication efforts fail to resolve the situation, you can file a petition with the court to enforce the existing order. This will ensure your ex adheres to the court order. Keep in mind that non-compliance can lead to numerous penalties, such as fines and even adjustments to the original custody agreement if adherence proves impossible.
Being unjustly deprived of your court-mandated time with your child can be incredibly disheartening. That said, it’s critical to seek guidance from an experienced attorney from Arndt & Sutak, LLC to explore available legal avenues when your ex won’t comply with a visitation order. Connect with our firm today to discuss your rights and options.
