What to Do If You’re a Father Being Denied Visitation
Child custody and visitation disputes can be especially difficult for fathers. Even with a formal court order granting visitation rights, it is not uncommon for some fathers to find themselves unexpectedly cut off from their children by the other parent. Emotions may run high, but understanding your legal rights and next steps is critical to protecting your relationship with your child and your legal standing. Here, a New York City father’s rights attorney from the Law Office of Vivien I. Stark, P.C., explains what to do if you are being denied visitation.
Review Your Custody and Visitation Order
The first step is to review your existing custody and visitation order. This document, issued by the court, outlines the specific schedule and terms of your visitation. It serves as the legal foundation for your rights. Familiarize yourself with every detail, as any deviation from this order by the other parent can constitute a violation.
Document Each Denied Visit
Thorough documentation is your best friend in these circumstances. Keep a detailed log of every instance in which visitation is denied or obstructed. This should include:
- Dates and times
- Method of communication
- Specific reasons given for denial
- Your attempts to comply
- Any witnesses
Maintain copies of all relevant communications, such as text messages, emails, and call logs. This evidence will be invaluable should you need to take legal action.
Denial May Be Legally Justified
There are situations where denying visitation may be legally acceptable. These include when the visiting parent poses a danger to the child due to substance abuse, violence, neglect, or concerns of abduction. If you are being accused of behavior that could jeopardize visitation, consult with an attorney promptly to address those concerns within the proper legal channels.
Attempt Direct Communication
Before escalating the matter, it is often advisable to attempt respectful communication with the other parent. Sometimes, misunderstandings or unforeseen circumstances can lead to a missed visitation. Reach out, ideally in writing, to discuss the importance of adhering to the visitation schedule. Politely reiterate the terms of the court order and express your desire to see your child as planned. Always keep your child’s best interests at the forefront of these discussions.
Seek Legal Intervention
When you have exhausted all other avenues and visitation continues to be denied, legal intervention to enforce your court order may be necessary. The primary legal recourse in such situations is typically filing a motion for an order to show cause, often referred to as a motion for contempt or a petition for contempt in Family Court, wherein you ask the court to find the other parent in violation of the existing visitation order. If the court determines that the other parent has willfully violated the order, it can impose various remedies, including:
- Enforcement of the existing order
- Makeup parenting time
- Fines or penalties
- Modification of custody arrangements
It is generally not advisable to involve the police unless there is an immediate concern for your child’s safety or a suspicion of parental kidnapping. Police involvement in civil custody disputes is typically limited unless a criminal act has occurred. The exception would be a police report to document the violation of the court order. In New York, those reports are called “Domestic Incident Reports,” commonly referred to as a “DIR.”
Focus on Your Child’s Best Interests
Throughout this process, maintaining focus on your child’s well-being is essential. New York family courts are guided by the principle of the child’s best interests, not the grievances between parents. Demonstrating that you are acting in a child-centered, responsible, and patient manner can help strengthen your position in court proceedings and your ongoing relationship with your child.