Suing for Withholding Child Visitation

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Most Common Family Law Issues:

Suing the Other Parent for Child Visitation 

When other measures haven't worked, some parents have tried and are sometimes successful in suing the other parent for denying them from seeing their children. Suing is one way that can be used to try to coerce the other parent into cooperating by awarding money to the injured party. The claims which may be brought if a parent is denied child visitation are: 

Can I Sue To Extend or Modify Visitation Time?

Yes. The claim most likely to result in an extension of visitation time is breach of contract if the actual visitation time is less than the time given in the agreement. If you wish to amend the agreement to include extra time, you should show a change in circumstances, such as a need for relocation. Extra visitation time can also be given as a remedy for intentional interference with custody or visitation time.

Can I Get Money Back for Expenses I Had for the Child that Could Never Be Used?

Yes, if you've had expenses for the child that could never be used because the other parent withheld the child, it is possible to get such lost expenses back if you've kept the receipts. This claim can be done in a small claims court. This won't change the issue of visitation, but it makes the denial of visitation more expensive and it will hopefully discourage the other parent from this in the future.

Can a Rapist Sue the Victim For Visitation Rights?

Unfortunately, there are 31 states that have a loophole in their criminal and family laws that allow a rapist to sue their victims for visitation rights to the child. Visitation is more likely to be enforced when the state in question follows the idea that the father should have visitation rights if the father is paying child support. There are no federal laws on the matter.

Do I Need a Lawyer for My Visitation Issue?

If you are seeking to enforce your visitation rights with your children and are thinking about suing the other parent it is wise to consult with a family lawyer. Working with an experienced family lawyer can help you understand your rights and help you deal with the complicated legal system.

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Last Modified: 01-07-2013 11:36 AM PST

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