Divorce can be a difficult and emotional process, especially when children are involved. In Florida, the courts typically grant one parent primary custody with the other parent receiving visitation rights. However, what happens if the primary custody parent refuses to allow the non-custodial parent to see their children? This is a heartbreaking situation that unfortunately happens more often than we would like to admit. In this blog post, we will discuss the legal options available to non-custodial parents facing visitation denial and how an attorney can help. 

Do I Still Pay Alimony If My Ex Won’t Allow Me to See My Kids?

The answer is yes. Alimony and child custody are independent of each other. Unless your divorce agreement specifically states that visitation is a requirement for alimony payments, you are still obligated to pay alimony regardless of whether or not you are allowed to see your children. If you fail to make alimony payments as required by law, you could face legal consequences such as wage garnishment or even jail time.

Can I Stop Paying Child Support If My Ex Stops My Visitations?

No. Child support is also independent of visitation. As a non-custodial parent, you have a legal obligation to provide financial support to your children based on the terms of your divorce agreement. Just like with alimony, failure to pay child support can have serious legal consequences. If your ex has stopped visitation, you should speak with an attorney about your legal options.

What Do I Do If My Ex Refuses My Visitation?

The first step is to speak with your ex and attempt to find a mutually agreeable solution. If this is unsuccessful, you will need to file a motion with the court to enforce your visitation rights. The court will take the best interests of the child into account and may issue sanctions against your ex for denying visitation. If visitation denial continues, this may lead to a modification in custody arrangements.

How Can an Attorney Help?

An experienced family law attorney in Florida can guide you through the legal process of enforcing your visitation rights. They can prepare and file the necessary paperwork with the court, represent you at hearings, and negotiate with your ex’s attorney on your behalf. If necessary, they can also advocate for a modification in the custody arrangement that may allow for more consistent visitation. Remember, the court’s top priority is always the best interests of the child.

Dealing with visitation denial from an ex can be an emotionally challenging experience. However, it is important to understand that legal avenues do exist to enforce your parental rights. If you are facing a visitation denial situation in Florida, the best course of action is to speak with an experienced family law attorney who can guide you through the legal process and advocate for your rights.