Can I File an Exparte Action to Enforce My Child Custody Rights?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

My ex-wife has custody of our 12-year-old daughter. A court order states that I get two weekend stay overs per month. I have requested Father’s day weekend to spend with my daughter but my ex-wife told me I will only be able to see her on Sunday. What can I possibly do to ensure a two day stay over and not one day? Can I file for an exparte hearing to insure I receive my visitation rights as stipulated in court agreement?

You can draft a letter to your ex-wife highlighting the terms and conditions of your child custody order and demand that she comply with the order. Request for her to put her response in writing. If your wife refuses to comply with your request pursuant to the current order, then you can file an exparte action to request the court to intervene on your behalf. You should consult with a local attorney to find out what course of action you should take pursuant to your state’s family law code.

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