Under the law in North Carolina, child custody orders should reflect the best interest of the children. This usually means a parent has primary physical custody of the children while the other has visitation rights to create a stable environment for the children. Your visitation time with your kids is necessary to maintain your relationship with them. Unfortunately, your spouse may refuse to let you have your court-ordered visitation. If this happens, you should consult a charlotte family law attorney to know the steps that you can take to regain your visitation time and preserve your relationship with your kids:
Document Missed Visits in Writing
Whenever your ex-spouse refuses to let you have the visitation, document this in writing. This way, you can establish a pattern that you can use when asking for court intervention. Make sure you have copies of any communication with your ex regarding visitation, including letters, emails, and text messages. Remain civil with your communication, regardless of the response of your ex-spouse.
Don’t Miss Child Support Payments
If you have been ordered by a court to pay child support, continue to make these payments on time. Child support and visitation in North Carolina are different issues. Every parent has a legal obligation to support their children and your child support payment fulfills this. If you miss paying child support, the court may hold you in contempt.
Work with a Family Law Attorney
If you violate a child custody order, you may face a civil problem. An experienced lawyer can guide you in enforcing the court-ordered visitation schedule. They may begin the process by writing a letter to your ex-spouse demands them to comply with the order and schedule make-up visits for missed visitation. Should your ex continue to deny your child visitation rights, your lawyer can take the problem to court.
Your lawyer can file a petition in the court that granted your child custody order. The petition will ask the court to use its authority to make your ex comply with the visitation schedule. Also, the court may order fines or jail time. Sometimes, the court may hold your ex in criminal contempt, which tends to be more serious than civil contempt.
If your ex-spouse withholds child visitation, an experienced family law attorney can advise you on how to move forward to enforce your rights. They will do this in a way that does not sacrifice your relationship with your children.