What to Do When Your Ex Withholds Visitation in Alabama

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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Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is unique. For legal guidance tailored to your situation, please consult an experienced family law attorney licensed in your state.