When a married couple with children files for divorce, the court will issue a custody order outlining the responsibilities of each parent in terms of child custody and visitation. Sadly, it is not uncommon for parents to decline the other parent’s request to visit their child, in direct defiance of the court’s custody ruling.
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Learn more about Frequently Asked Questions about child custody in Michigan.
It might be upsetting and infuriating to be unable to see your child. Learn about your rights and legal options if your ex’s family is withholding your child.
Ex Breaks the Custody Agreement
If your ex and his or her family is withholding your child and refuses to let you see your child on occasion, you can and should be able to make up missed time with your child. There are a variety of ways to make up for lost visitation time.
For instance, when a custodial mother is withholding the child from the father, they can agree without the intervention of the court to grant the father specified make-up visitation times. However, if the mother refuses to cooperate, the father may have to take action to enforce the child custody order. Nevertheless, the father should never resort to self-help measures like taking the child without the mother’s permission or refusing to pay child support in any way.
When the other parent fails to adhere to the visitation plan and refuses to set up make-up time, you should generally seek the assistance of a child custody attorney. Your lawyer can advise you on the most effective means of enforcing the custody order.
Custody disputes are generally settled in one of the following ways:
- Child custody mediation — Depending on the situation, mediation could help you and the other parent work things out. “Mediators” are neutral, trained professionals who help parents resolve custody disputes without the court’s intervention. You should be aware that mediation may not be suitable if you or your child is a victim of the other parent’s continuing domestic violence, psychological abuse, or bullying.
- Court intervention — The parent who is being refused visits can file a contempt request (commonly known as “Order to Show Cause”) or a request to amend child custody arrangements with the court. Parents who refuse to allow their children to visit might be fined or even jailed by the courts if they are found in contempt of court. The judge can also change the custody arrangement to give the non-custodial parent more time to see the child.
When to Call The Police
It’s understandable if you’re tempted to call the police on your ex if he or she is not abiding by the court’s custody order. However, unless your child’s immediate well-being and safety are in jeopardy, you should avoid involving the police in your custody disputes whenever possible. When parents call in the police, they risk escalating a situation that they could have resolved on their own and diverting police resources from more pressing matters.
However, you should contact the authorities if you believe the other parent has kidnapped your child. If the other parent has abducted and taken your child across state lines or out of the country, local and federal authorities will work together to retrieve your child.
You could also be able to request the court for immediate custody and a “pick-up order,” which gives the authorities the authority to enforce the custody order. It is highly recommended that you hire a lawyer, in this case, to help you traverse the court system and ensure that you appear before a judge as soon as possible.
Contact Our Michigan Child Custody Attorneys for Help Today
Resolving child custody disputes is much easier when you have the assistance of an accomplished legal professional on your side. If your ex’s family is withholding your child, contact Goldman and Associates for assistance. Make an appointment today!