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My ex is withholding visitation. What can I do?

On Behalf of | Dec 18, 2022 | Child Custody

Every child deserves the care, love and protection of both parents regardless of the nature of the relationship. The romance might be out of the way, but you still have a moral and legal duty to care and provide for your child until they are able to be on their own. 

This is where child support and custody orders come in. Both child support and custody orders are binding. A violation of either order, such as withholding visitation, can lead to serious consequences. 

What happens if your ex withholds visitation?

If your ex denies you access to your child, they will be violating an active custody order. In this case, you may want to mediate the matter out of court and, if possible, come up with a new visitation schedule that works for everyone. Once you agree on a visitation schedule, be sure to document and deposit it with the court for recording. 

However, if your ex is indifferent and will not agree to a modification or let you see your child, you need to seek the court’s intervention. Depending on the circumstances of your case, your ex may be stripped of their custody rights. Other penalties may apply too. 

What happens if you withhold child support?

Withholding a court-sanctioned child support order, just like withholding visitation, is a violation of a court order. Basically, withholding child support means that you will be falling behind in child support. Some of the consequences of withholding child support include:

  • Garnishing your wages
  • Intercepting your tax refunds
  • Jail time
  • Placing on liens on your properties
  • Suspension of your driver’s license

No, you should not withhold child support if your ex refuses to let you see your child. Instead, understanding your legal options can help you enforce an existing child custody order and maintain a healthy relationship with your child.  

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