What to Do When Your Ex Withholds Visitation in Alabama
- Michael Capleone, Sr.
- Apr 13
- 5 min read
Updated: May 21
There are few things more devastating for a father than being denied access to his children. If your ex has decided to withhold visitation rights, it can feel like you’re fighting an uphill battle. The good news is that under Alabama law, there are steps you can take to protect your parental rights and ensure that you get the time you deserve with your kids.
Step 1: Document the Denial of Visitation
When your ex denies visitation, it’s important to document everything. Keep a record of all instances when visitation was denied, including the dates, times, and any communications (texts, emails, phone calls) that pertain to the situation.
Step 2: Contact Your Attorney
If you find yourself in this situation, don’t wait. Contact an attorney immediately. An experienced family law attorney can guide you through the process of filing a motion with the court to enforce visitation rights.
Step 3: File a Motion with the Court
In Alabama, you can file a motion to enforce visitation if your ex is violating a court-ordered custody arrangement. Your attorney can help you file this motion, which will prompt the court to take action on your case.
Step 4: Request Emergency Custody Orders
If the denial of visitation is causing harm to your child or jeopardizing your relationship, you may need to file an emergency custody motion. This is particularly true if the situation is urgent and needs immediate attention. Your attorney can help determine whether filing an emergency motion is appropriate in your case.
Step 5: Prepare for Court
The court will review the facts and make a decision about your case. Be prepared to present evidence that supports your claim of visitation denial, such as text messages or emails from your ex or a pattern of denied visitation.
The court will consider several factors when making decisions in emergency custody cases, including the best interests of the child and the parent’s ability to provide a stable environment.
What to Expect in Court
When a motion for emergency custody is filed, the court will look at several factors:
The reason for withholding visitation—whether it is justified or malicious
The child’s best interests, including their emotional well-being and safety
The impact on the father-child relationship and the emotional damage caused by the separation
The parent’s history of behavior—whether they have violated other custody orders in the past
The judge may issue a temporary custody order or mandate additional visitation time for the father.
Emotional Support: Stay Calm and Focused
Dealing with a custody dispute can be emotionally draining. It’s important to stay focused on the goal of maintaining a relationship with your children. Working with a skilled attorney who understands the emotional and legal complexities of custody disputes can help guide you through this challenging time.
How to Protect Your Rights Moving Forward
Moving forward, it’s essential to continue documenting any denied visitation and communicate with your attorney regularly. If your ex continues to violate the court order, you may need to file further motions or seek contempt charges. Contact Attorney Michael Capleone for a consultation.
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About Michael Capleone, Attorney at Law
Michael Capleone is a seasoned family law attorney based in Hoover, Alabama, with over 22+ years of experience helping clients navigate complex legal challenges, including divorce, child custody, parental rights, grandparent’s rights, military divorces, petition for protection from abuse, CPS and DHR matters, father’s rights, mother’s rights, relationship advice, pets/ animal custody when a relationship or marriage ends, and general family law matters, co-parenting, dealing with a narcissist, emotional recovery, and much more! As a licensed practicing attorney since 2003, is a dedicated advocate for his clients, Michael understands the emotional and legal complexities of family law cases and works tirelessly to secure favorable outcomes in his law practice.
Whether you’re dealing with high-conflict custody battles, seeking modifications to child support or visitation, or facing difficult divorce proceedings, having problems with a toxic ex, trying to co-parent with a narcissist. Michael Capleone provides expert legal tips and topic specific information with wisdom and clarity. He is committed to ensuring that his clients’ rights are protected, and their voices are heard in the courtroom. These blogs and guides that he is creating are meant to provide simple, straightforward, helpful, and powerful practical information for people all across the United States of America and beyond.
These guides are written in a brief and concise way to get you powerful and useful information that you can easily print off in a reasonable small number of pages. Each guide is a concentrated, no-fluff resource — around 4-5 pages packed with professional insight, legal strategy, and emotional survival tactics. They are designed to cover the real pain points people face in courtrooms and custody fights: defending yourself against false accusations, exposing manipulation without looking petty, protecting your financial future, and keeping your relationship with your children strong in the middle of conflict.
For less than the cost of a single attorney consultation, you get targeted strategies built from over 22+ years of real-world family law experience. These aren’t generic blog articles or cookie-cutter templates. Every guide is designed to give you immediate, actionable steps — the same strategies I teach my own clients — adapted for real people dealing with real, high-stakes problems.
If you're serious about defending your rights, protecting your children, and staying one step ahead of a manipulative ex, these guides aren't just helpful — they're essential. They will save you time, reduce your stress, and help you make smarter moves when everything is on the line.
Winning in court isn’t just about having evidence. It’s about understanding the psychology, the patterns, and the legal strategies that judges actually respond to. These guides put that power in your hands. If you’re ready to stop reacting and start taking control, you’re exactly where you need to be!
For more information on Michael Capleone’s legal services or to schedule a consultation. An experienced Hoover, Alabama family law attorney that guides clients through legal strategy, emotional challenges, relationship problems, legal matters and more to achieve the best positive outcomes. Note: Licensed in the State of Alabama only.
This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is unique—please consult with a qualified family law attorney licensed in your jurisdiction to discuss your specific situation. Also, this blog is for informational purposes only and does not constitute legal, financial, psychological, or professional advice. It does not create an attorney-client relationship or any other professional-client relationship. The information provided is not a substitute for consultation with a qualified attorney, financial advisor, tax professional, psychologist, or other expert regarding your specific situation.
