Enforcing Visitation With Children If There Are No Court Orders

mens divorce lawyerQuestion:

I need marriage separation advice on how to enforce child custody and visitation without court orders in place.

Over Thanksgiving, my wife and her family would not allow me to see my children. All I wanted to do was spend Thanksgiving with my sons, but I was told I was not welcome.

What are my legal rights in this situation to ensure I have parenting time with my children?


I can give you a general overview of the law regarding child custody and visitation, but I cannot give you legal advice on divorce.

Because there is no court order in effect addressing child custody and visitation, you and your wife may have equal rights and responsibilities as to the children depending upon the applicable law. Therefore, unfortunately, in this situation your wife can continue to deny you parenting time with the children until there is a court order in effect.

In order to ensure that you have regular visitation with the children, as well as visitation for the holidays, you need to have a court order entered establishing visitation.

You may first try discussing the issue with your wife to see if you can reach an agreement regarding visitation. If you cannot reach agreement, then the court in which your divorce case is pending can have a hearing on the issue of a temporary custody and parenting time.

Ultimately, in order to have legally enforceable visitation with  your children, you will need to have a court order in place.

If there is no pending divorce case, you will first need to file for divorce before you can seek an order for temporary visitation.

The specific approach to dealing with the issue depends on the facts of your case and the laws in your jurisdiction. You should contact a mens divorce attorney licensed in your area to discuss your options.

To schedule an appointment with a Cordell & Cordell mens divorce attorney, including Belleville Divorce Lawyer Erin Brockhoff, please contact Cordell & Cordell.

End of Content Icon

4 comments on “Enforcing Visitation With Children If There Are No Court Orders

    My child mother won’t let me see our daughter and no attorney or court will hear or let me file a case to get visitation rights because I don’t know where she moved to what can I do

    My ex is keeping my son from me we have no custody order in place i went from Being with my son every day to not at all he got a restraining order on me n we went to court n it was granted all based on lies but his lawyer is good and mine didn’t even know if we were at the restraining order hearing or the interim hearing I can’t afford a better lawyer but I can’t keep him I would have done better representing my self. How can I see or file for visitation so I can see my son between now n our first hearing if I fire my attorney. I have asked him to contact my exes lawyer to arrange something n he said he tried but his receptionist said he didn’t I live in North Dakota what can I do to see my son?

    ” Therefore, unfortunately, in this situation your wife can continue to deny you parenting time with the children until there is a court order in effect. ”

    This is such a sorry world we live in. In the absence of court order, both parents have equal rights, so denying the other parent, is like bullying. These parents should have their parenting rights taken away. Period.

    modification of visitation
    I am divorced. My ex gave me physical custody in April 2010 with visitation every other week-end. I had been unemployed for 5 months and could not find work in MD. I was on a job site and actually talked to a prospective employer on the phone. He stated that he would hold an opening for me if i could be there within 45 days. i discussed this with the ex and at first she said yes, then changed her mind and said no. then she talked it over with her sister and agreed to let son go ahead and move with me out of state from Maryland to West Virginia. Now I sent her a certified letter with my intent to move and she had this when she agreed to let my son move out of state with me. The letter also contained the alternate visitation schedule that i proposed. Maryland has a state law that i give 90 day notice before this could happen but the ex agree to let this happen sooner. Part of the alternate schedule was that she got him for 10 days at xmas time. she got that visitation and now almost three months later she wants to revert back to original court document on visitation after she had him for 10 days at xmas and i have signed a new lease on apartment in Wv. what should i do?

Leave a Reply

Your email address will not be published. Required fields are marked *