What Happens If the Custodial Parent Refuses Visitation?

If your child’s other parent is preventing you from spending time with your child, you’re probably feeling incredibly frustrated, helpless, and unsure what to do next. Before getting into the next steps you should take, it’s important to note that Florida courts don’t use the terms “custody” and “visitation.” Instead, custody is referred to as “parental responsibility,” and visitation is referred to as “time-sharing.”

If the other parent is refusing to honor a court-ordered time-sharing schedule, you’ll likely need to file a motion for enforcement, in which you’ll essentially ask the court to force the other parent to comply with the schedule. You may also want to request that the court allow you to make up any missed time with your child. Preparing and arguing a motion for enforcement can be quite complicated, so it’s in your best interest to seek the assistance of a qualified family law attorney.

Do You Still Need to Pay Child Support?

Often, parents who are being denied time with their child make the decision to stop paying child support. They mistakenly believe that since they’re not being allowed to spend time with their child, they shouldn’t have to pay the other parent for that privilege. However, that’s not how it works. Child support is meant to help pay for necessities like housing, utilities, food, and clothing, and that obligation doesn’t go away just because the other parent isn’t complying with the time-sharing schedule. On the flip side, if you were to ever get behind on child support payments, the other parent wouldn’t be allowed to prevent you from seeing your child in retaliation.

Experienced Family Law Attorneys Serving the Greater Tampa Bay Area

If your child’s other parent isn’t complying with the time-sharing schedule and you’d like to move forward with a motion for enforcement, contact the Law Offices of Audrey A. Jefferis, P.A., to schedule a consultation. We have considerable experience handling child support cases and we’d be happy to discuss the options available to you.