My Ex is Withholding Child Visitation

 Posted on October 10, 2023 in Family Law

All parents have a right to visitation with their children so long as it does not pose a physical, mental, or emotional threat. An ex-spouse who is withholding a child from visiting the other parent is subject to a felony charge in the state of Wisconsin.

When dealing with an ex-spouse who is hellbent on denying you your child visitation rights, it is important to consult with an attorney. An attorney who possesses solid advice and a compassionate stance is invaluable to your cause.

What is Child Visitation?

Visitation is the arrangement where the non-custodial parent gets to spend time with their child. The non-custodial parent is the parent who was not granted physical placement of the child, which is where the child lives for the majority of the time. Shared placement is also possible in Wisconsin, which allows children to spend at least 25 percent of their time with each parent.

What is Child Visitation Interference?

When the custodial parent prevents the non-custodial parent from their visitation rights, this is considered visitation interference. Other forms of visitation interference:

• Refusing to allow the non-custodial parent to pick up the child for visitation
• Moving the child away without the non-custodial parent's consent
• Making excuses to cancel visitation appointments
• Discouraging the child from having a relationship with the non-custodial parent
• Limiting or removing communication between the non-custodial parent and child
• Holding visitation time hostage because the non-custodial parent is behind on child support

What Can I Do if My Ex is Interfering with My Child Visitation Time?

You can file a motion to enforce visitation so long as it is evident that the custodial parent is interfering with your child's visitation rights. Once a motion is filed, the court will schedule a hearing to go over the ordered visitation and determine whether or not there is a basis for withholding child visitation.

Filing a motion for altering custody is also a possible option. This can be a drastic approach, but continued visitation interference may warrant the motion as it may be the only opportunity to get meaningful time with your child.

An ex who keeps a child from spending court-mandated time with the non-custodial parent for more than 12 hours is guilty of a Class I felony. A conviction could see the custodial parent facing up to three and a half years in prison and a fine of up to $10,000.

Contact a Waukesha County, WI Family Lawyer

No parent should have their visitation time with a child revoked or withheld by a scorned ex-spouse. In times like these, it is a great idea to lean on the counsel of a Muskego, WI child custody attorney. Bucher, Wolff & Sonderhouse, LLP can be your voice in a court of law. Call 262-232-6699 now for a free consultation.