Court ordered visitation is obviously an important part of any Order of Child Support, Custody and Visitation Agreement.  While the custodial parent is obligated to allow visitation by the non-custodial parent, the non-custodial parent is not necessarily under an obligation to exercise visitation.

The custodial parent may prevent visitation only under appropriate circumstances or for reasons detailed per court order.  A valid reason would be if the visiting parent was under the influence of drugs or alcohol or if the child was ill.  An invalid reason would be to withhold visitation because of failure to pay child support or bad weather.

Non-custodial parents seeking a modification in custody due to interference with visitation will have great difficulty.  The Mississippi Court of Appeals has stated that, only in ” extraordinary cases,” will ” the interference with a non-custodial parent’s visitation ris[e] to the level where it constitutes a material change in circumstances.” Ellis v. Ellis, 952 So.2d 982, 990 (Miss.Ct.App.2006) (” Ellis II ” ) (quoting Ash, 622 So.2d at 1266) (emphasis added). The parent seeking modification must show that the interference was “continued and obstinate” A.M.L. v. J.W.L., 98 So.3d 1001 (Miss. 2012);Potter v. Greene, 973 So.2d 291, 293 (Miss.Ct.App.2008).

What is considered “continued and obstinate” will depend on the evidence and the judge hearing the case.  A most likely scenario would be continued interference for months at a time.  The courts in general take a dim view of visitation interference regardless of the frequency.  A custodial parent found abusing the visitation provisions would at the very least be admonished or sanctioned by the Court.