When court-ordered parenting time is blocked or repeatedly ignored, it can feel overwhelming and unfair. A denied visitation not only affects the parent but also disrupts the child’s routine, emotional stability, and overall well-being.
Understanding what to do if your visitation is being denied is the first step to restoring consistency and protecting your visitation rights. With the right documentation, legal strategy, and support from a knowledgeable child custody attorney, parents can take action through the court system and secure the time they’re entitled to.
Understanding what to do if your visitation is being denied is the first step to restoring consistency and protecting your visitation rights. With the right documentation, legal strategy, and support, parents can take action through the court system and secure the time they’re entitled to.
Can a Custodial Parent Refuse Visitation?
A custodial parent may not ignore or override a valid visitation order unless a court has restricted or suspended parenting time due to verified safety concerns, domestic violence, or immediate danger to the child. Personal disagreements, unpaid child support, or parenting-style conflicts do not give a parent the right to block visits.
Michigan courts operate under the principle that ongoing parenting time serves the child’s best interest, unless a judge decides otherwise. When a parent unilaterally blocks visits, the law views it as refused visitation, which may lead to enforcement or even custody modification if the pattern continues.
Learn More: Tips for Dealing with Child Support Disputes
Common Reasons Parents Wrongfully Deny Visitation
While the court permits limits on parenting time when danger exists, visitation is often denied for reasons that the law does not support, such as:
- retaliation over late child support payments
- disagreements about the visitation schedule
- negative feelings toward the other parent’s new partner
- personal conflict between parents
- frustration about communication or co-parenting decisions
- attempts to control the parent-child relationship
Unless the family court judge has modified the custody order, the custodial parent must follow all provisions as written, including supervised visitation, monitored exchanges, or neutral-site exchanges, if ordered.
Michigan Parenting Time Rules
Under Michigan law, children benefit from stable relationships with both parents. Parenting time should support:
- ongoing contact
- emotional stability
- consistency in the child’s routine
- safe interactions free from family violence
Courts may assign physical custody, legal custody, or shared responsibilities, but each parent must follow the schedule spelled out in the order.
If the court has ordered supervised visitation or exchanges at a supervised visitation center, both parents must fully comply to avoid enforcement issues.
What to Do If Your Visitation Is Being Denied
When a parent denies court-ordered visitation, the strongest approach is calm documentation followed by appropriate legal steps.
1. Review the Parenting Time Court Order
Start by reviewing the most recent visitation order or custody order. Confirm:
- Exact dates and times
- Transportation expectations
- Exchange location
- Holiday schedules
- Whether any form of supervised visitation or third-party exchange was ordered
If the other parent is violating the written terms, this becomes key evidence in a future motion to enforce.
2. Document Every Incident
Maintain a detailed journal of denials, including:
- dates and times of denied visitation
- screenshots of texts or emails
- notes of attempted communication
- witnesses present at exchanges
- any police report filed if tensions escalate
Detailed documentation helps demonstrate a pattern of enforcement action avoidance by the custodial parent.
Some counties even provide visitation enforcement forms or a visitor questionnaire to help collect record-keeping details.
3. Attempt Calm, Neutral Communication
Send brief, respectful communication such as:
“Our court-ordered visitation schedule states pickup today at 4 PM. Please confirm.”
This shows cooperation and preserves the parent-child relationship while strengthening your position in future proceedings.
Never threaten the other parent or involve the child in the conflict.
4. Seek Legal Guidance Early
Speaking with a family law attorney helps clarify your rights and prevents mistakes. An attorney can:
- Identify violations of the court-ordered child visitation
- Guide you through the legal procedures
- Prepare evidence for a rule to show cause hearing
- Help file the correct request for order or motion for contempt
- Explain options such as custody modification if the pattern continues
Many families also benefit from legal aid, legal help directories, or a low-cost legal consultation if resources are limited.
5. File a Motion to Enforce Parenting Time
If communication fails, you may file a motion to enforce or an amended motion to enforce through the Clerk’s Office. This formally asks the judge to enforce the order or penalize the custodial parent.
Michigan courts may order:
- Makeup visits
- Additional parenting time
- Mandatory classes
- Fines
- Contempt proceedings
- An order to appear requiring the other parent to come to court
If the violation continues, a show-cause notice or contempt motion may follow.
Learn More: How is Child Custody Determined?
6. Consider Mediation Resources
When appropriate, mediation resources or a neutral third-party mediator can help resolve disagreements without escalating to further litigation. This is especially helpful when communication has broken down, but safety is not an issue.
7. Emergency Remedies (Rare but Available)
In extreme cases, such as parental kidnapping or refusal to return the child, a judge may authorize emergency remedies, including:
- a writ of habeas corpus
- immediate enforcement by law enforcement
- an expedited hearing
This is typically reserved for serious, urgent violations.
Can Denying Visitation Affect Custody?
Yes. A parent who repeatedly blocks parenting time without justification risks:
- fines
- community service
- a finding of contempt
- changes to legal custody or physical custody
- long-term limits on their decision-making rights
The court evaluates all behavior under the child’s best interest standard.
What Not to Do
When facing denied child visitation, avoid:
- retaliating by withholding your child
- arguing at the exchange site
- threatening the custodial parent
- posting about the dispute online
- making negative comments in front of the child
- involving the child in the conflict
Remaining calm strengthens your case and supports a healthier parent-child relationship.
Speak With a Dearborn Child Custody Attorney
When visitation is being denied, the right approach can restore parenting time and protect your rights. Clarity Law Firm assists Noncustodial parents with enforcement, child custody proceeding issues, modification of visitation, and child support orders when necessary to protect the child.
A family lawyer can provide a detailed case evaluation, help you complete the necessary forms, and ensure your voice is heard in front of the court. For guidance on what to do if your visitation is being denied, contact Clarity Law Firm for a legal consultation today at (313) 513-1919.
