Your Visitation Rights Are Not Up For Debate

Child custody and visitation are some of the most emotional issues in family law. Even if both parents want what is best for their child, opinions of what this entails can vary greatly. However, both parties must follow the court order issued by a judge. If your former partner isn’t doing so, it’s important to understand how parents can enforce visitation rights in Alabama.

It does not matter what reasoning your child’s other parent uses to justify restricting visitation. If they do not go through the proper channels for doing so, then they are in violation of a court order. This can lead to serious legal consequences, up to and including jail time. However, it’s essential that you understand how to assert your rights.

Document Visitation Denials

Alabama law is very clear on visitation rights. If you can show that your rights are being violated, there’s a good chance the courts will side in your favor. However, you need to show that a visitation denial wasn’t an unusual incident. Things happen in life, and plans don’t always go as intended. Still, you should document every visitation denial.

This will accomplish several things. First, it will help you keep tabs on how often your parental rights are being restricted. This can help you identify if visitation denials are becoming an ongoing issue. More importantly, this documentation may prove crucial if you end up having to go to court. A judge will be very interested in seeing the timeline of your denied rights.

You should also collect other forms of evidence when they become available. While it may seem tempting to delete text messages so you don’t have to look at them, this could actually destroy valuable evidence in your case. Keep track of all communications and all evidence of the other parent infringing on your visitation rights.

Should You Call the Police?

Many parents see a visitation denial as an opportunity to report their child’s other parent to the police. After all, their rights are being denied by the other parent refusing to abide by a court order. Shouldn’t this justify involvement by law enforcement? Unfortunately, the police typically do not want to involve themselves in these family law matters.

Put simply, the police will not know all the facts of your situation. For all they know, a new court order may have been issued that’s drastically different from the one a parent presents to them. This is why police should only be called if the child or someone else is in danger—or if a crime has been committed.

However, don’t fret over a lack of police involvement. Local authorities can take action when a court requests them to do so, and this is a common occurrence when one parent consistently refuses to follow the court order. The police are willing to get involved, but make sure your only call to them is if a dangerous situation is unfolding. The courts can handle everything else.

Work With the Other Parent

In some cases, the easiest way for parents to enforce visitation rights in Alabama is simple communication. Speak with your former partner in an effort to remedy the situation without court involvement. Even if you haven’t gotten along with them since the initial child custody and visitation order, attempts at amicable solutions are critical.

Clearly, such attempts will be beneficial if you’re successful. However, it’s obvious that this will not always work. After all, refusals to abide by visitation orders are often linked to an inability to communicate amicably. Fortunately, there’s another benefit to attempting such resolutions: it will show the court that you made every effort to resolve things in a non-adversarial manner.

You want the judge to view you as the reasonable party in this matter. Your rights are being violated, so the courts will often side with you unless there are extenuating circumstances. However, showing a judge that you did everything possible to reach a reasonable solution may give you even more power when this matter ends up in court.

File a Contempt Motion

You may hear it referred to as a Petition for contempt or a Petition to Enforce Custody and Visitation, but whatever its name, this Petition for Civil Contempt is your first legal step in enforcing your rights. This needs to be filed in the court that issued the original visitation order. Doing so will alert the court that your child’s other parent is failing to abide by the court order.

At this point, a hearing will be scheduled. During this hearing, both parents will be able to provide evidence and argue their case. Make sure you bring all documentation you’ve created along with any other evidence that the other parent refuses to comply. This is the primary method for parents to enforce visitation rights in Alabama when informal strategies have failed.

How to Get Started Enforcing Your Rights

To ensure you’re getting your court-ordered visitation time, it’s important to follow each of these steps. When done correctly, the court will order the other parent to abide by their order. Failure to do so can result in substantial fines and even jail time. Courts will also sometimes modify their original order to favor the parent whose rights were violated.

However, navigating the legal process can be a difficult task when you’re doing so on your own. Some parents make the mistake of withholding child support or engaging in other improper actions to “fight back.” Unfortunately, these strategies can actually hurt your case.

Instead, you should reach out to an experienced family law attorney who can help.

At The Rose Law Firm LLC, our dedicated team of legal professionals is here to assist. Contact us at 205-858-9224
to schedule your free consultation today.