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, fathers, 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 Johnson County divorce 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 family law.
Call now for an initial consultation to review your case with an attorney and determine what steps you should take.
Read What Our Former Clients Have Said
"Professional, informative, and vital in working with the prosecutor to secure the most favorable outcome possible".Barb
"Jerry kept in constant contact with us and our son during the case and went the extra mile to plea before the judge outside and inside the courtroom".Joanne from Nebraska