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How do you exercise your visitation rights if the other parent is denying access to your child?

The most important thing you can do in any divorce or paternity action where the other parent is denying you access to your child is to document the denial of visitation. Keep a record of all instances where the other parent has denied you access to your child. Include the date, time, and details of what happened. This documentation helps preparing your case and may even be used as evidence in court.

You may need to take legal action to enforce your visitation rights. Options available to you in Florida include:

1. File a motion to clarify or enforce visitation. You can file a motion to clarify or enforce visitation with the court. This motion asks the court to clarify any allegedly ambiguous visitation orders, and admonish the parties to comply with the visitation schedule.

2. File a motion for contempt. If the other parent continues to deny you access to your child, you may need to file a motion for contempt and attend a hearing to show the court that the other parent is willfully disobeying the court order.

3. Consider hiring an attorney. If you are having difficulty exercising your visitation rights, you may want to consider hiring an attorney. An attorney can help you navigate the legal process and represent you in court.

It’s important to note that visitation rights are separate from child support obligations. Even if the other parent is denying you access to your child, you are still obligated to pay child support if it is ordered by the court.

Michael DeVoe is a divorce attorney in Orlando, Florida practicing contested divorce, uncontested divorce, timesharing, visitation, custody, paternity, child support, injunctions, and other family law cases.

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