WHAT ARE MY OPTIONS IF MY EX WON’T LET ME SEE MY CHILD?
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.