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Fresno, CA asked in Child Custody, Child Support, Civil Litigation and Family Law for California

Q: Ex refusing visitation rights despite custody order; tax return taken for child support.

I have joint legal custody with my ex, but he has sole physical custody of our children. According to our custody order, I am supposed to have visitation once a week. However, my ex is refusing to allow these visits, seemingly due to his tax return being taken for back child support. I have made several documented attempts to communicate with him, but he has not responded. There have been no changes to our custody order, and I have not yet consulted with any legal personnel. What can I do to enforce my visitation rights?

2 Lawyer Answers

A: When someone fails to comply with an existing custody or visitation order, the remedy is to have that order modified based on the grounds that the other parent has shown an inability to comply. In that request (aka Request for Order or motion), you can ask for more custodial time, again, based on the other parent's inability to comply with current orders which include their "sole" physical custody. Since I do not know why he got sole physical custody, I cannot speculate as to how such a request may turn out for you.

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James L. Arrasmith
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Answered

A: It’s frustrating when the other parent blocks visits that the court already approved. Keep saving every text, email, or missed-visit log because those records show the court a clear pattern of denial.

Next, prepare a Request for Order (Form FL-300) asking the family court to enforce the current parenting plan, award makeup time, and issue sanctions for contempt. You can file that paperwork with the same court that issued your judgment and request a hearing; many courthouses have a self-help or family law facilitator who will help you complete the forms at no cost.

If you believe the children are being withheld right now, you may also seek an emergency (ex parte) order so a judge can address the violation more quickly. After the order is granted, bring a certified copy with you when you attempt future exchanges, and consider asking the sheriff’s civil division for a “keep the peace” standby if you fear conflict.

Finally, the child-support intercept should not affect visitation; reminding the court of this helps separate financial enforcement from parenting time, reinforcing your right to see your kids.

1 user found this answer helpful

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