Blog

What to Do When a Co-Parent Refuses Visitation in Mississippi

Couple is consulting with lawyer

When a co-parent refuses to return your child without a legal basis, it is not just a personal disagreement – it is a breach of a court-ordered parenting plan. Mississippi courts take these plans seriously, and the law provides you with specific tools to address this issue.

Mississippi Law and the Right to Visitation

In Mississippi, custody and visitation rights are determined by Mississippi Code § 93-5-24. This law states that courts should award custody based on what is in the best interest of the child. After a custody order or parenting plan has been established by the chancery court, both parents must legally comply with it. Refusing to do so is not something that the court will take lightly.

Visitation interference, where one parent intentionally blocks the other parent’s court-ordered visitation time, can lead to enforcement actions, financial penalties, and, in repeated or serious cases, a change in the custody arrangement.

Step 1: Document Every Denial

Before taking legal action, it is important to build a clear and factual record of the events. Courts will respond to evidence, rather than allegations. To start, it is helpful to log each incident as it occurs. Your documentation should include the following:

  • The date and time of the scheduled exchange and the refusal or denial
  • Written communications, such as texts, emails, or app messages, where the other parent refuses or ignores your requests
  • Names of witnesses, such as family members or school officials who were present at the pickup
  • Photographs or videos showing you arrived at the designated location
  • Notes from the child, if appropriate, reflecting what was said or done

By gathering this information, you can provide a more accurate and detailed account of the situation to the court. This will help ensure that your case is presented in the best possible light.

Step 2: File a Motion for Contempt

The most direct legal remedy in Mississippi for a violation of a custody or visitation order is a motion for contempt, as provided for in Mississippi Code § 93-11-65. If a parent fails to comply with a court-ordered custody or visitation arrangement, the other parent may file a petition with the Chancery Court, requesting that the court hold the non-compliant parent in contempt. This process is known as a civil contempt proceeding and its purpose is to ensure compliance with the court’s orders rather than to punish the non-complaint party.

If the court finds a co-parent to be in contempt, possible consequences include:

  • Additional parenting time – the court may order extra visitation to compensate for what was missed.
  • Legal fees – the violating parent would be required to cover your legal expenses.
  • Fines imposed by the court to ensure future compliance.
  • Jail time in cases of intentional, repeated, or serious non-compliance.

Step 3: Request Emergency Relief When Necessary

If the other parent prevents all contact, moves with the child without permission, or there are signs that the child may be in danger, the courts in Mississippi can provide emergency relief. According to the Mississippi Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which is codified in Miss. Code Ann. §§ 93-27-101 et seq., the courts have the authority to enforce custody orders from other states and issue emergency protective orders to protect children from harm or unauthorized removal.

An emergency motion can be filed without prior notice to the other party if there is an immediate concern for the safety or well-being of your child. Your attorney must prove to the court that there is a genuine emergency and that your child is at risk of harm.

Step 4: Consider a Custody Modification

Persistent interference with visitation is a recognized basis for modifying custody in Mississippi. The courts look for a significant change in circumstances since the original order was issued. A pattern of intentional, repeated denial of court-ordered parenting time may meet this standard, especially if documented over a period of several months.

Attorney gives the client a pen to sign a document

What Not to Do

When visitation is denied, it can be frustrating and understandable. However, there are certain actions that can seriously harm your legal position. It is important to remember that:

  • Do not try to force entry or physically take your child – this can lead to criminal charges against you.
  • Do not threaten the other parent in writing or in person – these communications can become evidence.
  • Avoid denying your own support obligations in retaliation – courts will view these issues separately.
  • Keep children out of adult conflict and avoid asking them to take sides.

Protect Your Parental Rights in Mississippi

With nearly 49 years of experience serving clients in Mississippi, Gregory D. Keenum, PA understands the urgency and emotions behind visitation disputes. Our firm, founded in 1979, is built on integrity, dedication, and results. When you are denied parenting time, we are ready to act and we are here for every step of the process. If you have any questions or need assistance, please contact us today.