As the holidays approach, you may be eager to spend time with your child, even though you may not be the custodial parent. Whether this entails celebrating your religious or cultural holidays or simply enjoying time off with your little one, this can be an incredibly exciting time. However, when you are denied visitation with your child by your ex-spouse, this can leave you unsure of your legal options. The following blog explores what you should know if you’re denied holiday visitation and the importance of contacting a Long Island child visitation lawyer to help you navigate these complicated matters and help you fight for your rights.
How Is Holiday Visitation Handled During a Divorce?
In general, if you have not been granted custody of your child, meaning your ex-spouse has full custody, you may be granted visitation by the courts. This allows you to see your child and maintain a relationship with them, even if you will not have custody.
As such, one of the most contentious matters for many divorced parents is how the child will spend their holidays. Unfortunately, both parents may want or even feel entitled to have the child on holidays, which can be an incredibly tense issue. As such, it’s important to understand the different options to determine what may be best for you and your family.
In some instances, parents may choose to alternate holidays on an annual basis. For example, in year one, Parent A may have the child for Halloween, Christmas, and New Year’s Eve, while Parent B may see the child on Thanksgiving, Christmas Eve, and New Year’s Day, before switching holidays the next year. In other instances, if you and your ex live in close proximity, you may split the day in half so the child can spend the holidays with both parents. Finally, you may agree to a fixed schedule on which one parent has half of the holidays every year, while the other parent has the rest of the holidays.
What Should I Do if My Ex Denies Me the Right to See My Child?
In the event your ex-spouse refuses to allow you visitation with your child around the holidays, it’s important to understand your legal options. The most important thing to do is begin documenting all instances of denied visitation that directly contradict what is included in your court order.
Next, you should contact an experienced family law attorney who can assist you in filing a Family Access Motion with the court that issued your divorce decree if you are denied holiday visitation. This can help the court enforce the order against your spouse. However, if they still refuse to comply and continue to deny your visitation, you can petition the court to hold your ex in contempt of court.
As you can see, this process can be incredibly difficult to navigate. That is why it’s in your best interest to connect with an experienced attorney with the Law Offices of Jay D. Raxenberg, P.C. Our firm understands how overwhelming these matters can be, which is why we will do everything in our power to assist you through these difficult times. Connect with us today to learn how we can represent you and help you fight for the best possible outcome during these difficult times.
