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

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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?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

You may also want to check out our sister site, DadsRights.org, which has a lot of resources for single fathers, including forums, articles, and even free books. DadsRights.org.



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Author: House Attorney