As a non-custodial parent, it is essential to be prepared when faced with denied visitation. Documenting these denials accurately and taking appropriate actions can help protect your parental rights and strengthen future enforcement actions. In this step-by-step guide, we will walk you through the process of documenting the denial and responding effectively.
Step 1: Familiarize Yourself with the Visitation Order:
Thoroughly review your visitation order or parenting plan to understand your rights, obligations, and the visitation schedule. Pay attention to the specific dates, times, and any conditions or restrictions mentioned in the order.
Step 2: Show Up as Scheduled:
Arrive at the designated time and place for visitation as stated in the court order. Be punctual and prepared to exercise your visitation rights.
Step 3: Document the Denial:
If the custodial parent denies your visitation or interferes with your scheduled time, take the following steps to document the denial:
- Take a Time-Stamped Photo: Use your smartphone or a camera to capture a time-stamped photo or video at the visitation location. The photo should clearly show you present at the agreed-upon place. This visual evidence can be invaluable later in legal proceedings.
- Note Witnesses: If there are any witnesses present during the denial, gather their contact information. Witnesses can provide testimonies to support your claims in case you need them.
- Preserve Communication: If the custodial parent provides any reasons for denying visitation, record those details in writing. Save any relevant emails, text messages, or voicemails as evidence of their refusal.
- Keep a Journal: Immediately after the denial, write down the date, time, location, and any other relevant details in a journal. Include your emotions, observations, and the impact of the denial on your relationship with your child. This personal account can provide context and show your commitment to maintaining a healthy parent-child bond.
Step 4: File a Police Report:
If the custodial parent consistently denies visitation despite your documented efforts, it may be necessary to involve law enforcement. Take the following steps to file a police report:
- Gather Documentation: Collect all your documented evidence, including the time-stamped photo, communication records, witness information, and journal entries.
- Visit the Nearest Police Station: Go to the nearest police station and request to file an offense report related to the denied visitation. Present your evidence to the officer, explaining the situation and expressing your concerns.
- Obtain a Copy of the Report: Once the report is filed, ask for a copy for your records. This document serves as an official record of the denied visitation and can be useful in future legal proceedings.
Step 5: Seek Legal Advice:
Consult with a family law attorney to discuss the denied visitation and seek legal advice. They can guide you on the appropriate legal actions to take and help you understand your rights and options based on the specific circumstances of your case.
Documenting denied visitation and taking appropriate actions is crucial for non-custodial parents facing challenges in exercising their parental rights. By following these step-by-step instructions, including showing up as scheduled, documenting the denial with time-stamped photos, preserving communication, seeking legal advice, and filing a police report when necessary, you can build a strong case for future enforcement actions. Remember, the process may be demanding, but your commitment to your child’s well-being is invaluable in protecting your parental rights.
If you are ready for representation contact The Blacknall Firm.