What Should You Do If You’re Denied Visitation Rights?

Missing out on time with your child because your ex won’t honor the visitation schedule is one of the most painful experiences a parent can face. You may feel powerless or angry. You might even fear that you’ll be permanently alienated from your child. 

You’re not without options. The attorneys at Mahoney Richmond Thurston, PLLC, have represented parents in child custody issues throughout Virginia Beach and Hampton Roads for decades. Virginia law provides parents with strong legal tools to enforce visitation orders and protect parental rights.

Here’s what to do right away if you’re being denied visitation in Virginia:

• Document every missed visit — keep texts, emails, and dates as evidence
• Communicate clearly (and calmly) with your ex about the issue in writing
• Contact your family law attorney to discuss filing a motion to enforce parenting time
• Avoid taking matters into your own hands — doing so could hurt your case
• Ask the court to modify or clarify the order if it’s being ignored or misinterpreted

Understanding your legal options helps you regain control and protect your bond with your child. Here’s what you need to know about enforcing your visitation rights.

Why Do Parents Get Denied Visitation Rights?

Parents deny visitation for various reasons, though most are legally unjustifiable. Common motivations include spite after a bitter divorce, ongoing conflict between ex-spouses, interference from new romantic partners, or attempts to “punish” you for child support disputes.

Courts take these violations seriously because they harm both the child’s relationship with the non-custodial parent and undermine the legal system’s authority. If your ex-spouse continues to deny your court-ordered visitation, you have the right to take legal action.

How Do I Legally Enforce My Visitation Rights in Virginia?

Filing a motion to enforce parenting time gives you legal recourse when your ex violates court orders. This formal process asks the court to compel compliance and, if necessary, punish the violating parent.

Your motion should include comprehensive evidence of violations:

• Detailed logs of missed visits with dates and times
• Text messages or emails showing denial or excuses
• Police reports if you called law enforcement
• Witness statements from family members or friends
• Documentation of your attempts to resolve the issue directly

Court hearings for enforcement motions can result in several outcomes. Judges may order make-up time to compensate for missed visits, impose fines on the violating parent, or award attorney fees to you. In severe cases, courts may hold your ex in contempt, which can include jail time.

Success requires demonstrating that you’ve followed the order in good faith while your ex has not.

What If My Ex Keeps Violating the Court Order?

Repeated violations escalate consequences significantly. Courts lose patience with parents who consistently ignore their orders, leading to increasingly severe penalties.

Judges can impose higher fines, longer jail sentences for contempt, and orders requiring your ex to pay your attorney fees. Chronic violations may prompt the court to modify custody arrangements entirely, potentially giving you primary custody if your ex demonstrates willful disregard for court orders.

Working with experienced family law attorneys helps you present well-documented cases that clearly establish the pattern of violations and their impact on your relationship with your child.

How Can I Protect My Relationship with My Child During This Process?

Legal action alone doesn’t heal the emotional distance created by denied visitation. Staying connected requires creativity and patience while your case moves through the courts.

Consider these approaches to maintain your bond:

• Schedule regular phone calls or video chats when possible
• Send letters or cards to show consistent care and interest
• Attend school events and activities if not prohibited by court order
• Keep a journal documenting your efforts to stay involved

Avoid speaking negatively about your ex in front of your child, even when frustrated. Children suffer when caught between feuding parents, and courts notice which parent maintains appropriate boundaries.

Reclaim Your Time with Your Child

You have a legal right to be part of your child’s life, and Virginia law supports that right. If your ex violates your visitation schedule, don’t wait for the situation to improve on its own. The sooner you act, the easier it becomes to restore consistency for your child and establish accountability for your co-parent.

Mahoney Richmond Thurston, PLLC, can help you enforce your visitation rights and protect your parental bond. Our family law attorneys understand how distressing these disputes can be, and we work to make the legal process as straightforward as possible. Contact us today to find a resolution.