- On Behalf of Topinka Law
- Child Custody
Visitation denial happens when a parent refuses to follow the visitation schedule in a court order. This might include skipping drop-offs, making the child unavailable, or blocking phone calls. A few late exchanges or honest mistakes usually don’t count as a denial of visitation. However, if one parent often cancels visits or makes excuses, that can be a problem. If the other parent regularly keeps your child from you during your scheduled time, that could be a violation of the custody order.
Do You Need a Custody Order to Enforce Visitation Rights?
Yes. If you don’t have a custody order in place, the court won’t step in to enforce visitation. A verbal agreement between parents doesn’t grant you legal visitation rights. If the other parent refuses visits and you have no court order, you need to file for custody. Once the court enters a custody order, both parents must follow it. If either parent disobeys a court order, the other parent can ask the court to enforce it. However, until you have that order, there’s nothing for the court to enforce.
What Not to Do If the Other Parent Fails to Comply
If the other parent denies your visits, don’t try to take action or punish them on your own. Don’t stop paying child support. Don’t show up uninvited or try to take the child back yourself. Those actions will hurt your case. Always go through the court. You can file for enforcement, contempt, or a change in custody. Judges want parents to act calmly and legally. Even if the other parent acts unfairly, you still need to follow the law and let the court handle it.
Legal Remedies When Visitation Is Denied Under a Custody Order
If the other parent refuses to allow visits that the court ordered, you can take legal steps to assert your rights. For example, you could file for contempt. That involves asking the judge to find that the other parent violated the custody order. The judge might order make-up visits, direct the other parent to pay your legal fees, or levy fines in response. In serious cases, the judge might even send the non-compliant parent to jail. You can also ask the court to change the order to prevent future problems.
When Denial Might Be Justified: Safety and Abuse Concerns
Sometimes, a parent might deny visits because they fear for the child’s safety. In some cases, this could be a reasonable move. If the other parent has abused the child, used drugs around them, or behaved in a threatening way, the court might allow changes to the custody order. However, one parent cannot simply decide to block visits on their own. They must go back to court and explain the situation. If the court finds that the child is at risk, it can review the order and add protections.
Criminal Consequences for Interfering with Custody
Pennsylvania law makes it a crime to keep a child away from the other parent when a custody order is in place. If a parent hides the child, refuses to return them, or takes them out of state without permission, police could get involved. Criminal charges for refusing to follow a court order can range from misdemeanors to felonies. If a parent continues breaking the rules, serious legal trouble can follow.
Contact a Custody Attorney in Pennsylvania
Do you need help with a custody issue in Pennsylvania? Contact Topinka Law today to arrange your initial consultation. We’ll listen, review your case, and guide you through your next steps.