One of the most concerning areas of child visitation situations is when a parent decides to withhold visitation from the other parent. There are several different reasons why a parent would withhold visitation.
Maybe the other parent is behind on child support or is a drug user, and the parent withholding visitation is doing so for the benefit of the children. In any case, withholding visitation is complex in Indiana, so you’ll want to review the details of your case with your Indiana family law attorney before you choose to withhold visitation.
Is There an Existing Child Custody Agreement?
The most important question when it comes to withholding visitation is, “Is there an existing child custody agreement?” If there is, you are not legally allowed to withhold visitation.
Now, if you have reason to believe your child is in immediate danger or at risk of being harmed in some way by going on their scheduled visit with their other parent, then you should certainly keep your child at home to ensure their safety.
Steps to Take if You Need to Withhold Visitation
If you have found yourself needing to withhold visitation, you need to document the event and reach out to your attorney to protect yourself. If you have an existing child custody plan, you may need to go to court to explain to the judge your reasons for withholding visitation.
But, if there is not an existing child custody arrangement, then there is nothing stopping either parent from withholding visitation. For this reason, it is of utmost importance that you obtain a child custody agreement so that you are able to protect yourself and your children should such a situation arise.
Work with an Indiana Child Custody Attorney
Working with an experienced Indiana child custody lawyer can give you some clarity on your rights to withhold visitation. They can also help if your child’s other parent has withheld visitation from you. Contact Rowdy G. Williams Law Firm to schedule your free consultation by phone at 1-812-232-7400 or through the brief contact form provided below.