Martinsburg, WV asked in Divorce, Family Law and Child Custody for Tennessee

Q: Is it possible to take my ex-wife to court for failure to adhere to court ordered child visitation rights?

In our Divorce Decree/ Child Care Decree my ex was given primary custodial rights as I reside in a different state and would not be able to visit on a bi-weekly/ weekly rate. I was provided visitation rights that have been revoked from me by my ex over the past year and a half. Is it possible for me to take her to court over this matter without legal representation as I can not afford it at this time. I have not seen my children in over a year and a half and at current she is not even letting me speak to them via phone aforementioned in the divorce decree as well.

1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Divorce Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: Yes, you can file to enforce the divorce decree- it is a court order which is supposed to be obeyed by both of you.

You can always represent yourself, but this is dangerous. You are held to the same rules and standards as lawyers when going to court, so clearly you should consult a lawyer ( maybe you can find one to just advise you on procedure, etc). You must be able to prove that your ex is willfully denying your visits, so you should save/print out any emails/texts where she has refused to allow you contact with the kids. Perhaps you should record your phone calls with her. Keep in mind that her response will probably be "he [you] never calls..." so you need to be able to show the judge that you have been trying and she is refusing.

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