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Can your ex just refuse you visitation in a Maryland divorce?

On Behalf of | Jan 23, 2019 | Firm News |

People going through a divorce may be willing to do things they would usually find immoral or inappropriate. Even someone who has always had an egalitarian approach toward parenting may change when it is their family going through a divorce. Someone you thought you loved and knew can change into a total stranger through the course of a divorce.

The desire of your ex to hurt you or feel vindicated could lead to all kinds of inappropriate behaviors. They might even go so far as to deny you visitation or parenting time with your children. Sometimes, people are overt and obvious. When you refuse to accept their requests or meet their demands, they immediately inform you of their intent to withhold access to the children.

Other people are more subtle in their approach, and they may cut into, minimize or cancel your visitation time instead of threatening it or confronting you. Regardless of how your ex has started to infringe upon your parenting time with your children, it’s important to know your rights and stand up for them to protect your relationship with your children.

Your ex is bound by temporary or permanent custody orders

Regardless of who files the initial request for the divorce, the courts will issue temporary orders that affect the whole family. These usually include orders of custody for the children. It is common in temporary custody orders for one parent to receive primary custody, although the courts may strive for fully shared custody even in the initial, temporary order.

Regardless of how much parenting time the courts allocate to you, unless there are allegations of abuse, neglect or incapacity, you will likely have some rights to spend time with your children. Your ex must allow you to see, spend time with and communicate with your children. Failing to do so will likely violate the temporary custody order.

Document violations to build your own case

It’s normal to feel frustrated when cut off from your children. Thankfully, you can take steps to protect yourself and your relationship with your children during or after a divorce in Maryland. Keep a record of every time your ex violates the custody order. Don’t get into arguments, although you can ask for visitation and inquire about why you can’t see your kids.

Whatever the answer, keep a careful record. Your attorney can use that information to ask the courts to intervene on your behalf. Although it may take some time, it is possible to stand up for your rights.

Your ex cannot simply deny you visitation without reasonable cause. Doing so damages your relationship with the children and puts a personal grudge before the best interest of your kids.