Options When My Ex Denies Contact With Our Child

shared parentingQuestion:

According to the divorce papers my ex and I signed, I have the right to speak to our daughter every day until 8 p.m. However, when I call or text I’m always given an excuse for why she can’t talk. What can I do?

Answer:

While I am not licensed to practice law in your state and am unable to give you legal advice, I can give you some general observations on this issue based on the jurisdiction where I practice.

Where I do practice in Virginia, if one party will not cooperate with a court order, there is very little that you can do except have the court force compliance. The only other option is to send a demand letter to the mother demanding that she follow the court order. If she still refuses, court action will likely be necessary.

When one party is not following the court’s order, you file a rule to show cause. This forces the non-complying individual to appear at court and explain why they are not following the court’s order. If they are unable to provide an adequate explanation, they will be held in contempt.

Enforcement of court orders is very jurisdiction-specific and requires a specialized knowledge of local law. For these reasons I would suggest you contact an attorney who specializes in family law matters in your jurisdiction.

Remember, I am unable to provide you with anything more than tips on these matters, so please contact an attorney in your jurisdiction to obtain specific advice as to the laws of your state and how they impact your case.

To arrange an initial consultation to discuss rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

One comment on “Options When My Ex Denies Contact With Our Child

    I’m going through a ugly divorce she put a protective order against me for her and my child. Did put a hand on her and wasn’t arrested. Judge extended the court order for 20 more day that’s the max he can extend it. So in the court order and contents where to stay in the home. Right after court I went there with an officer to get a few clothes. When I got there she was cleaning out the house took everything didn’t pay any of the bills because I couldnt have contact. After court order was up. I had her served with divorce papers. And a temporary relief papers stating I get the house and custody of the child. This has been over a week in haven’t heard or talked to my daughter in 45 days. Guess my question is when do I suppose to get custody of her. There is no way to contact her I pay for her dance classes she hasn’t beenot in class over 2 week. So what do I need to do. Can I report her abducted and put an amber alert out on her. What are me rights.

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