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What Happens if Your Ex is Withholding Child Visitation?

When parents get a divorce, they must follow court orders regarding divorce-related issues, including child custody and visitation. If you and your ex have a contentious relationship, there is a possibility they could attempt to deny you visitation that is your right as a parent.

This may happen for a variety of reasons, including retaliation for past actions, anger or resentment, or a belief that you are not capable of caring for the child.

Unless a child is in imminent danger, a parent does not have any recourse to withhold visitation. If your ex attempts to do so anyway, you might wonder what you can do to enforce your right to spend time with your children.

There are a couple methods of resolving disputes that should be your first avenues to take:

  • Talk to your ex: See if you can come to a resolution without getting the courts or other powers that be involved. This can be understandably difficult if you have a rocky relationship with your ex already. But it’s the best option in terms of encouraging future communication and coming to a swift resolution.
  • Mediation: You and your ex may be able to resolve the problem through mediation. This is a path that gives you more control over the outcome and again allows you to practice positive communication.
  • Court: Your last resort should be going to court to request a modification of the custody or visitation order. Judges can modify custody awards to give noncustodial parents more rights to visitation, and also enforce existing orders to prevent your ex from withholding visitation.

Calling the police is only a feasible option if your child’s wellbeing is at risk. Otherwise it will likely only escalate a situation you may have been able to work through with one of these other avenues.

For more tips about how to handle child custody and visitation disputes, contact an experienced Minneapolis divorce lawyer at Appelhof, Pfeifer & Hart, P.A.

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  • "Tori had a thorough understanding of my situation and made excellent recommendations to resolve my concerns. She was persistent on communication and handled everything in a very timely manner. I would definitely hire her again in the future if needed." - M.K.

  • "With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.

  • "Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.

  • "I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.

  • "Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties.Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.

  • "I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.

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