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What to Do When You're Denied Visitation Rights

As a noncustodial parent, it can be extremely frustrating to be denied the right to see your child after a Pasadena divorce.

If you're a noncustodial parent who is being denied visitation, you should document every attempt you made to see your child. Write down the circumstances in your own words and provide supporting evidence when possible. For example, if you were supposed to meet your child near a restaurant or a shopping mall, purchase a small item from one of the stores and save the receipt to back up your claim that you were at the agreed upon location.

Denying court-ordered visitation to a noncustodial parent is illegal. If you have a copy of the court order, you can file a police report by visiting your local police station. It may also be possible to request a civil standby in which a law enforcement officer accompanies you to the visitation to supervise the exchange.

Another legal remedy you may wish to pursue is to file for contempt. If the custodial parent is found guilty of violating the court order, he or she may face sanctions and/or jail time.

If there is a contempt action against the parent denying visitation, you may be able to have your court order modified to increase your visitation or put additional restrictions in place to ensure that problems don’t occur in the future. It may also be possible to be named the custodial parent.

When discussing visitation rights for noncustodial parents, please keep in mind that child support and visitation are two separate issues. A noncustodial parent has the right to see his or her child even if the court-ordered child support payments have not been made in a timely fashion. Conversely, a noncustodial parent can’t simply refuse to pay child support on the grounds that he or she has not been able to see the child recently.

How Can We Help?

If you are in need of assistance with a visitation issue, please call our office at (626) 683-8113 or email us at info@PasadenaLawOffice.com. Our Pasadena family law firm can help ensure that you are able to exercise your parental rights to the fullest extent of the law.

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