Child custody arrangements can be made by the parents or by the court of jurisdiction of the divorce.
Under the common provision, the parents have joint guardianship over the children and the parental rights are equal. Each parent has an equal right to child custody when they separate.
When determining the home in which to place the child, the court tries to reach a decision that is in the best interests of the child. This includes considering the wishes of the parents, the child, the siblings, the child’s comfort in his home, school, and community, and the mental and physical health of the involved individuals.
When a court awards exclusive child custody to one parent, the non-custodial parent maintains the right to see and visit the child. One of the most difficult things to deal with after the divorce is when one parent denies access to the other either by not making the children available when they come to pick them up or returning the children late, sometimes by an entire day.
From a legal point of view, the options for dealing with denial of access are unfortunately limited. The police will usually stay out of such disputes and tell you to contact you lawyer. It’s very frustrating to have time and plans with your children ruined without any notice. So, what can you do?
It is recommended that you send an official letter to the other parent or their lawyer. This is done so that in the future you can prove the other parent has denied you access to your children.
Another good idea is to demand make up time. This is in the best interest of the children. You can use denied access materials to build a case as to why you should have the sole child custody. One factor courts consider in awarding child custody is the willingness of each parent to facilitate access to the child by the other parent.
The last resort for dealing with denied access by bringing a motion for contempt of court. There are a lot of difficulties in proceeding this way, but if the other parent is persistent in denying access you really have no choice. It generally not worth going to court about an occasional missed access period.