Enforcing Visitation

If you have a court order or agreement about custody or visitation then I suggest you have it on hand. If she shows up to pick up the child contact the local authorities. She has no legal reason not to allow visitations unless there is abuse or neglect…let her threaten all she wants…it’s her driving time, gas money and wasted effort.
If she hinders visitations taking place (not putting her on a plane) then you should consider filing with the courts. Depending on the current paperwork, either breech of contract or violation of court ordered visitation.

Even if you are out of state you can still enforce visitation in the state where your child lives. I am assuming from the context of your post that you have a court order. If your ex is not cooperating with the court order regarding visitation you can file a motion and order to show cause and ask the court to order that she follow the order as written.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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We have a stipulation for visitation allowing 2 weeks vacation. Since we live in another state, we take all 2 weeks at once. During the child’s visitation this summer, her mother threatened to drive cross country to our home about a week into the vacation to pick up her daughter because her mother did not approve of our household rules - i.e. phone privileges, etc. The child is 16. When we lived in the same state and ran into problems picking up or dropping off the child for visitation we were encouraged by our attorney (at that time) to file a police report. Now, with us being out of state I am not sure what recourse we have to enforce visitation (say her mother won’t put her on a plane)or what we could have done if she did in fact show up at our doorstep demanding the child.