Frustration of Visitation
When a couple chooses to end their marriage and file for divorce, they must decide on child custody and/or visitation. Unfortunately, when a divorced couple reaches a visitation agreement, not every parent fully obeys the arrangement. When this happens, a parent may be causing frustration of visitation, which occurs when the custodial parent obstructs the non-custodial parent from seeing his or her child. This can include a number of actions, ranging from an innocent mistake or misunderstanding to intentional kidnapping or even abduction.
Above all, courts are concerned with the best interest of the child. Oftentimes, this means having both the custodial and non-custodial parent involved in the child’s life as much as possible. Therefore, obeying visitation rights is a very serious issue for parents and the court alike.
What Are My Options?
In cases such as one parent accidentally forgetting the visitation date, there is usually no legal recourse taken, unless it becomes a routine action. However, in kidnapping or abduction cases, the responsible party could face serious legal repercussions, including criminal prosecution.
When one parent continually denies the other parent visitation, the non-custodial parent has a few options. He or she can seek the support of law enforcement agents or the courts responsible for enforcing the visitation and attempt to hold the parent in contempt of court. In some cases, if a parent habitually denies visitation, the courts may take away his or her custody rights and give them to the other parent.
If you are dealing with frustration of visitation, you may feel like you have nowhere to turn. Fortunately, you can take legal action to ensure you are being granted your parental rights. To learn more about your options, contact the Manhattan Beach visitation lawyers of the Law Offices of Baden V. Mansfield today at 310-546-5858.