Unfortunately, it’s not uncommon for a custodial parent to interfere with the court-ordered visitation schedule. These matters can be incredibly frustrating and may leave you unsure of what to do or what your legal options are. As such, if you find that your ex refuses to comply with visitation in Louisiana, it’s in your best interest to discuss your circumstances with an experienced Monroe, Louisiana family law attorney to help guide you through these difficult circumstances.
What Is Visitation in Terms of Custody?
When a couple gets divorced and they share a child, you’ll find that the court will create a custody arrangement for the couple if they cannot reach an agreement. When looking at the different factors to determine how the parents should split custody, the court will adhere to the “child’s best interest standard.” This essentially means that the court will prioritize the health, well-being, and success of the child above the wants and wishes of the parents. As such, they will examine the ability of each parent to provide a safe and stable home for the child. If the parent cannot do so, the court may allow them visitation rights while granting full custody to the other parent.
Visitation allows the parent and child to spend time together and maintain their relationship. Though the court has determined that it’s not in the best interest of the child to remain in the care of the parent, often the courts believe that it’s best for the child to continue to maintain a relationship with their parent.
The exact details of visitation will depend on a number of circumstances and vary for each family. However, you may be granted overnights, weekends, daytime, or nighttime visits with the child. You should also note that in some instances, visitation may only occur with another party present, known as supervised visitation.
What Happens if My Ex Will Not Comply with Visitation?
The first time your ex is late to drop off your child for visitation, you may be understanding. Similarly, if your ex missed a visitation date altogether, you may assume it slipped their mind, as mistakes happen. However, as this becomes a pattern, it may become clear that your ex is intentionally preventing you from seeing your child by consistently dropping them off late, thus impeding on your time with the child, or withholding them from visitation altogether. As such, it’s important to understand that you have rights as provided in your custody arrangement.
When your ex repeatedly fails to adhere to the court-ordered agreement, the most important thing you can do is document all instances of their violations. This includes text messages or emails between you and your ex, showcasing their inability to comply. Next, you can file a motion with the court to enforce the custody arrangement. This means your ex must comply lest they face fines or even be held in contempt of court.
If your ex repeatedly fails to comply with visitation despite a court order, it is in your best interest to discuss your legal options with an experienced attorney with Breithaupt, DuBos, & Wolleson, LLC. Our team understands how frustrating these matters can be, which is why we will do everything in our power to help you fight for the best possible outcome. Contact our firm today to discuss your circumstances with a member of our compassionate and competent team.