Visitation Issues


After a divorce, there are always lingering issues and potential problems. When there are children involved, those problems can be magnified.  Yet the most frustrating and emotionally draining concern is an ex-spouse who refuses to let you see your children.  Rest assured, you are not alone, and there are things you can do to work things out.

Step One:  Try to talk reasonably with your ex.

After a divorce where children are involved, child custody should have been determined and visitation rights established.  The first step to working out child visitation issues, after the dust has settled, should always be to talk to your ex about your visitation rights. Approach the issue calmly and reasonably.  Many times these issues can be resolved by both parties without having to return to court.

Sometimes, the problems or misunderstandings that occur regarding visitation come from a lack of specifics in the visitation order itself.  If the terms of the order are too vague, conflict regarding certain terms will arise.  An unclear visitation order also makes it difficult to show to the court, if necessary, that your ex is violating the order.  If this is the case, the solution may be to ask the court to modify the order and include more specific terms.

For example, if there seems to always be a disagreement about what time your children should be picked up or returned to the custodial parent, then a modification of the order that sets specific times could go a long way to resolving that issue.  Sometimes, however, the problems are more complicated.

Step Two: Involve the Court if your ex refuses to cooperate.

In some cases, no matter how reasonable or compromising you may try to be, there is just no way to reach an agreement.  That is when you must turn to the court for help.  A visitation order is a binding court order with which both parties must comply.  Therefore, if your ex is clearly violating the terms of the order, he or she can be found in contempt of court for failing to comply.

At that point, you should contact an attorney to assist you in filing the proper documents with the court, explaining how your ex is violating the order and requesting that the court require him or her to comply.  There are several remedies available, which your attorney can explain to you.  Don’t give up your rights.  An experienced family law attorney can help you resolve these and other divorce related issues.

Contact our office today for a free consultation, (205) 988-5570.

6 thoughts on “Visitation Issues

  1. Lisa Patterson Reply

    Hi, I was wondering if a 28 yr. old disabled son is considred an adult by Law although he is low functioning? Seems like my Atty. and the Court are not convinced.I have sent in letters and documents from his Center he attends for adults only. Is there a “joint custody” with an adult? Thank You, Lisa Patterson Date: Thu, 14 Nov 2013 14:24:30 +0000 To:

  2. Roz Browne Reply

    Hello, Was wondering if a father filed for contempt for basically violating every section mention on the visitation document, do the courts in Shelby county actually do anything to help rectify the problem or does the mother just get a slap on the hands? Does the courts make the mother pay for attys fees since they are the ones that r not compliant?

    Have you ever tried a case concerning alienation of affection? If so, did u win?

    • Brad Reply

      Judges here take these cases seriously. Both parties have to follow the court’s orders or it doesn’t go well for them.

  3. Anonymous Reply

    If a contempt charge is filed against mother not following visitation schedule (in Shelby County), does a judge really listen. Is mother found responsible for attorney’s fees since she did not follow visitation schedule.

    • Brad Reply

      Judges will listen, yes. And the mother could be held responsible for legal fees, but not always.

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