Enforcement of Visitation in Olathe
Family Law & Divorce Attorney Serving Johnson County
After two spouses obtain a
divorce, one of them may have sole custody of the child while the other receives
a court order for
visitation. Even with such a court order, however, the custodial parent may seek
to stop the other parent from visiting their child. When this happens,
it may be necessary to make a motion for enforcement of visitation.
Process of Enforcing Visitation Rights
Article 7 of the Kansas Statutes outlines the laws and procedures regarding
enforcement of visitation rights.
K.S.A. § 23-701 states that any party – mothers,
grandparents or any third party – who has been granted visitations has the right
to request enforcement upon denial of or interference with those rights.
After a motion has been made, a hearing officer will set a date and time
for a hearing to take place within 21 days of the motion. Mediation may
be required between the two parties before the hearing. Once the mediation
is complete, a hearing will be scheduled within 10 days of its termination.
Ultimately, the hearing officer is the one who reviews the complaint and
makes a final decision. If he or she determines that there was unreasonable
interference with or denial of visitation, any of the following actions
could be taken:
- A specific schedule of visitation could be made
- Compensating visitation time could be granted
- Bond could be posted
- Compensation of attorney and court fees, etc.
- Attendance of one or both parents at counseling or educational sessions
- Supervised visitation
Get the Legal Help You Need from Martin & Wallentine, LLC
If you need to make a motion for enforcement of visitation rights, don't
do it alone. An Olathedivorce lawyer from our firm could provide the counsel and representation
you need to win your case. Martin & Wallentine has represented clients
in visitation cases for many years and is experienced in all areas of
Call now for a
free initial consultation to review your case with an attorney and determine what steps you should take.