Kajko, Weisman & Colasanti, LLP

What to do when the other parent refuses visitation?

If you are in a situation where you are not together with your child's other parent and you are not the custodial parent, you may run into a time when he or she refuses to allow you to see your child. This can be quite devastating, but do know Massachusetts law is on your side even if it does not always feel like it.

According to The Spruce, most of the reasons why your child's other parent may deny you visitation are not going to stand up in court. Courts will generally deny visitation if they feel the child would be in danger in some way by being under your supervision. You cannot be denied visitation for not paying child support. Support and visitation are two different issues under the law.

Your child's other parent may think his or her reasons are valid, though. In reality, many times, visitation may be denied because it is inconvenient or he or she is upset with you. It is important to handle a situation like this carefully. 

You should begin with speaking to your child's other parent. Find out what is going on and why you are being denied visitation. You might be able to work things out. You should also document everything so you have notes if you do end up needing to go to court. You may call law enforcement, but do understand custody and visitation issues are civil, and officers cannot arrest anyone or do anything other than writing a report. However, having the report could be helpful. This information is educational only and not legal advice. 

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