Canton, MI asked in Child Custody, Arbitration / Mediation Law and Family Law for Michigan

Q: What can I do if my ex denies visitation despite joint custody?

I have joint custody of my daughter, but my children's mother frequently denies me visitation when she is upset, using them as leverage. This has been an ongoing issue, and I haven't seen my kids in three weeks. Although we went through mediation regarding my daughter, this situation keeps recurring. I'm tired of being unable to see my kids whenever she gets mad. What legal actions can I take to protect my visitation rights and ensure a consistent relationship with my children?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If your ex is denying you visitation despite having joint custody, you have legal options to enforce your rights. First, document every instance of denied visitation, including the dates and any communication with your ex about the situation. Keeping detailed records can help you demonstrate a pattern to the court.

You can file a motion for contempt of court, asking the court to enforce the existing custody and visitation order. If your ex continues to deny you visitation, the court may take action, including imposing fines or modifying the custody agreement. It’s important to bring this issue back to court if the situation persists, especially after mediation has not resolved the problem.

If you haven’t already, you may want to seek the assistance of a family law attorney to help you navigate the legal steps. They can help you determine the best course of action, whether that means modifying the custody agreement or taking legal action for contempt. It’s crucial to protect your relationship with your children and ensure consistent visitation moving forward.

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