Spouse Withholding Visitation - Agreement Enforcement

Spouse Withholding Visitation? Virginia Divorce Attorney Can Help

Arlington, Virginia Family Law Firm Puts Clients First

Under Virginia law, a child has a right to contact with both parents, regardless of the parents’ relationship.

Some reasons why custodial parents might try to withhold visitation from the other parent include:

  • Retaliation for the actions of the other parent.
  • Residual anger over the divorce.
  • Lack of confidence in the other parent’s capabilities to care for the child.
  • Failure of the non-custodial parent to pay child support.

Regardless of their reasons for doing so, if a custodial parent withholds visitation without court approval, he is violating the terms of a court order. In certain circumstances, this denial of visitation rights could result in loss of custody of the child, since visitation agreements are legally binding.

Court Order to Change Visitation Schedule

A parent that thinks they are putting their child in jeopardy by allowing him to spend time with the other parent can ask the court to issue an order changing the visitation arrangement, although a judge will not usually deny visitation completely except if the parent has been convicted of a serious crime such as murder, manslaughter, felony assault, or sexual assault against a child.

The parent who is being denied visitation should petition the court to have the visitation schedule enforced as it stands, or request that changes to the parenting plan be made to better address their needs.

The spouse who files a motion to change visitation has the burden of proving that something fundamental and serious has changed since the divorce decree was issued and visitation terms established. The court will change visitation terms only if the judge feels that the change is in the best interests of the child that contact with the other spouse be limited.

Contact an Experienced Virginia Family Law Attorney Today

If your spouse is withholding visitation and you have questions about agreement enforcement, contact Claudia J. Zucker online or call (703) 596-1005 to schedule your initial consultation today.