When the court imposes a custody and visitation schedule, you may have no qualms following what the court has deemed in the best interest of the child. However, if your ex-spouse repeatedly fails to adhere to the terms and conditions of the agreement, it can be frustrating. As such, if your ex refuses to comply with the visitation schedule and will not let you see your child, you may be at a loss. The following blog explores what you should know about these matters, including the importance of working with a Somerset County parenting time attorney to help guide you through these complicated matters.
What Is Visitation Custody Terms?
When a couple who shares a child decides to file for divorce in New Jersey, it’s important to understand how these matters are handled in court. Generally, in the event that parents cannot agree on how to share custody of the child, the court will step in to determine what arrangement is in the child’s best interest. This standard is applied in all cases, as the court believes the health and well-being of the child should be prioritized above the desires of the parent. It’s also important to understand that in most instances, the court believes it is in the best interest of the child to maintain a relationship with both parents and will offer joint custody whenever possible.
However, in some instances, joint custody is not in the best interest of the child. However, the courts may still believe that the child would benefit from maintaining a relationship with their parent and thus will order visitation. There are a number of different visitation arrangements the court may offer, but generally, this allows the non-custodial parent the right to spend time with the child. This is not the same as custody, as the parent with visitation rights does not have the ability to be the child’s primary residence or make decisions on their behalf if they do not have legal custody.
If My Ex Won’t Comply With Visitation, What Can I Do?
If you are granted visitation rights, it can be a great way to bond with and spend time with your child. However, when your ex refuses to comply with the visitation order, it can be incredibly frustrating. Whether they repeatedly drop the child off late, thus cutting into your scheduled time, or they simply fail to let you see the child at all, you may be unsure what to do.
Generally, the first step is to document all violations of the court order as they happen. This can help provide evidence to the court that this is a pattern and not a one-off accident. Next, you may want to try talking to your ex to clear up what could be a misunderstanding. In some instances, these violations may be accidental, as they may simply be someone who is chronically late.
However, if this behavior persists or the conversation does not provide a clear resolution, you can file a motion through the court to enforce the order. Essentially, this will ensure that your ex complies with the order. Failure to do so can result in the court imposing fines, fees, sanctions, and even modifying the custody arrangement if they cannot comply.
Being denied your court-ordered right to spend time with your child can be incredibly upsetting. As such, it is critical to connect with an experienced attorney from the Siragusa Law Firm to explore your legal options if your ex will not adhere to the order. Our team understands how frustrating this matter can be, which is why we will do everything possible to assist you. Contact us today to learn how we can help.
