What Does Denial of Parental Rights Mean?
During a divorce or child custody proceeding, one parent may be granted more custody rights over the children than the other parent. The one who gets full physical custody is the custodial parent, while the other is the non-custodial parent. The non-custodial parent will be given fundamental visitation rights, enabling them to visit and spend time with the children.
In some cases, the custodial parent, who is often the children’s mother, may deny the non-custodial parent the right to visit or access the children. Common reasons for the denial include non-payment of child support and personal malicious reasons such as getting back at the ex. If your fathers’ rights have been violated in such a manner, contact a Germantown law firm.
The lawyers can examine your case and determine how to best fight for your rights. Unless your ex-spouse can prove that you’re a threat to the children, it’s illegal to keep you from seeing them as per the visitation schedule order issued during the divorce.
How Can I Prove That My Ex-Spouse Has Denied My Parental Rights in Maryland?
A parental rights violation is any direct action against the terms of your child custody agreement. It includes any custody arrangements you created in a legally binding plan, such as a Marital Settlement Agreement, Separation Agreement, Parenting Plan, or the terms outlined by the court in the final divorce decree.
A skilled Montgomery County fathers’ child custody attorney explains the various ways in which you can show that your ex-spouse violated your fathers’ rights:
- Withholding visitation: If your ex-spouse refuses to allow you to spend time with the children during your allotted custody period, that violates the visitation agreement. Additionally, slotting other activities into your parenting time without your consent violates the plan.
- Failure to consult on important decisions: If the court awarded you joint legal custody, you and your ex-spouse must consult when making important decisions for the children. These include education and healthcare. If the custodial parent makes crucial decisions without your consent, you could seek legal action for violation of your rights.
- Failure to pay the children’s expenses: A parent who fails to meet their part of the bargain in meeting the children’s living, education, and medical expense violates the parenting agreement. If your children’s needs are neglected, yet you pay child support, you could have a strong case against the other parent.
Other parenting plan violations include not allowing the child to communicate with the other parent, denying the child their right to go to school, and not adequately protecting the child from harmful conditions.
It is best to consult a skilled fathers’ child custody attorney in Montgomery County if your parental rights have been violated. They can assess your case and give legal counsel on the best way to handle the matter. Protecting your rights and ensuring you continue playing a role in your children’s lives is crucial.
How Can I Deal with Child Custody Violations?
Before taking any legal action against your ex-spouse, reviewing the child custody agreement before accusing your ex-spouse of custody violation is important. An experienced Montgomery County fathers’ child custody lawyer can thoroughly review the order.
With their keen eye for details, they can help you determine if there are clauses you misinterpreted or ignored in the first place. Then, they will advise whether there is value in pursuing the alleged violation.
Document the Violations by Your Ex-Spouse
Any legal action you pursue against your ex-spouse for violating your parental rights must be backed by evidence. The best approach would be to use a calendar to track your co-parenting plan and note when they violate it, for example, when they deny you access or are late in bringing the child to you for unexplained reasons.
You may also want to record their social media activity to determine when they didn’t follow through with the plan. For example, a picture of them and the child outside the city, when it’s your time with the child without your consent, could be a violation that you can use against them.
Reach Out to Your Co-Parent First
If you and the other parent communicate amicably, it will help to first reach out to them. You can do this by writing them a reminder of the legal agreement and what you allege violates the plan.
If your relationship is volatile or non-existent, you can send a reminder through your fathers’ rights child custody attorney in Montgomery County. Doing so in “good faith effort” will be appreciated by the court if you decide to pursue legal action later.
File a Motion to Enforce the Agreement
If your co-parent fails to cooperate and correct the violation, you can proceed to file a Motion to Enforce. This step is only necessary if the violation relates to a provision not initially in the Court Order. However, you can file contempt of court if the breach relates to a section of the court-issued parenting order.
Modify the Parenting Plan
There could be reasons why your co-parent is violating the parenting plan. An example is material changes that make it hard for them to keep up with the order, such as longer working hours or a new job far from where they live.
If that’s the case, let skilled lawyers from a reputable Germantown law firm help you file a modification of the custody arrangements to reflect the material changes. Working with fathers’ child custody rights in Maryland could help secure you a parenting order that protects your rights.
A Skilled Child Custody Lawyer Protecting Your Parental Rights
Parenting plans are legally binding. If you determine your ex-spouse is willfully failing to comply in order to frustrate you, try negotiating with them. If that fails, you could pursue legal action against them to protect your fathers’ rights. A Montgomery County fathers’ child custody lawyer can help.
Legal experts from our law firm can assess your case and help you fight for your parenting rights. We work hard to protect fathers’ rights in Maryland, and you don’t have to feel alone during this challenging time. You deserve to be in your child’s life, and we can fight to help you achieve that. Call Paré & Associates, LLC, at (301) 962-2492 for a FREE case evaluation.