Can a Parent Withhold Visitation?

As a family law attorney, one of the most heartbreaking questions I encounter all too often is, “Can the other parent prevent me from seeing my kid?” It’s a situation that can cause a lot of anxiety and distress for parents who are being denied access to their children.

In this article, we’ll look at the answer to that question in North Carolina, discuss what to do if you’re in that situation, and how we can help at Apple Payne Law.

The Short Answer: No, They Cannot Stop You From Seeing Your Children

The good news is that in North Carolina, the answer to the question, “Can the other parent prevent me from seeing my kid?” is almost unanimously no.

The state assumes a 50/50 split of custodial time, and unless there is a court order or a good reason that can be explained to a judge, it is not right for one parent to keep the other parent away from their children.

But that doesn’t mean they won’t try.

Unfortunately, even though the law says one thing, sometimes parents will still try to keep their children away from the other parent. This can cause a lot of pain and suffering, both for the parent being denied access and for the children who miss out on time with their other parent.

What to Do If the Other Parent Is Not Letting You See Your Children

If you find yourself in a situation where the other parent is not letting you see your children, the first step is to reach out to a family law attorney. At Apple Payne Law, we have the expertise to help ensure you get the time you deserve with your children. We can also help you get a court order if necessary.

Remember, your children are precious; you’ll never get those days back. But what our child custody lawyers can do is maximize the amount of time you have going forward to help make up for that lost time. If the other parent has been withholding your children for a while, it may be possible to get the more custodial time down the road.

Examples of When 50/50 Custody May Not Be Best for Your Children

While North Carolina assumes a 50/50 split of custodial time, there may be situations where that is not what’s best for your children. For example, if the other parent has substance abuse issues, transportation problems, or has been threatening to leave the state with your child and never let you see them again, 50/50 custody may not be appropriate.

At Apple Payne Law, we can help you navigate these difficult situations and advocate for what’s best for your children.

Contact Apple Payne Law for Help

As a family law attorney, I’ve seen the pain and heartbreak that can result when parents are denied access to their children. At Apple Payne Law, we’re here to help. Whether you’re trying to get more time with your children or are concerned about their safety, we can help you navigate the legal system and advocate for what’s best for your family.

If you’re in a situation where you’re being denied access to your children, or you’re not sure that the other parent is fit to have the child, reach out to our team. We can represent you and advocate for what’s best for your children. Give us a call today.

Author Bio

Ronald D. Payne II
Ronald D. Payne II is the CEO and Managing Attorney of Apple Payne Law, a North Carolina law firm he founded in 2018. With more than 11 years of experience practicing law, he is dedicated to representing clients in a wide range of legal matters, including business law, estate planning, family law, probate, and traffic law.

Ronald received his Juris Doctor from the Wake Forest University School of Law and is a member of the North Carolina Bar Association. He has received numerous accolades for his work, including being awarded the 2020 Client’s Choice Award by Avvo and multiple Rising Star awards from Super Lawyers.

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