Understanding Legal Options for Withheld Visitation Rights
What happens if your ex withholds visitation in a custody case? Hi, my name is Aaron Grubb. I’m the Tahlequah family law attorney at Wirth Law Office. In this video, we’re going to talk about the consequences of withholding visitation in a custody case and what remedies might be available to you.
You may be in the middle of a custody battle, and your significant other—or ex—is withholding your child from you. Naturally, you’re wondering: Is this legal? What are the repercussions? Is there any compensation for lost time?
The answer is: Yes, there can be consequences, and no, compensation isn’t in the form of money—but it may come in the form of make-up parenting time. Even if you don’t yet have a formal court order for visitation, a mutual agreement between you and the other parent may still carry weight.
Legal Options When Visitation is Withheld
If the other parent violates that agreement by denying your agreed-upon time with the child, you can present that evidence to the court and ask to be awarded additional time. In my experience, courts do often consider this. I’ve seen clients receive make-up time—whether it’s extra weekends, extended holidays, or multiple consecutive days—depending on what works best for the child’s situation.
However, there are situations where withholding visitation may be justified. For example, if there are allegations of abuse, drug use, or unsafe conditions around the child, the withholding parent may have a defensible reason. In such cases, it’s important to follow proper legal procedures.
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- Filing a notice to suspend visitation, and
- Clearly communicating your concerns to the court or opposing party, so it doesn’t appear that you’re acting unilaterally or ignoring a court order.
Next Steps and How We Can Help You
If you have questions about visitation rights, withholding, or how to respond to these issues during a custody case, please contact Tahlequah child custody attorney Aaron Grubb at Wirth Law Office. We’re here to help.
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