How to File a Motion to Enforce Visitation Rights

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When your child's other parent interferes with your visitation rights, or fails to follow a court-approved visitation order, you can seek remedy by filing a motion to enforce visitation. You will need to complete the motion to enforce, file it in the county courthouse where the child resides and appear at a hearing to argue your motion.

Visit the clerk's office at your county courthouse to obtain a blank motion to enforce visitation. Include the caption and case information from the child custody case in your motion. Fill in the narrative section stating what the other natural parent has done to interfere with visitation. Be sure to attach a copy of the current visitation order to your motion.

Visit the county courthouse where the child resides and file your motion with the clerk's office. Some states may allow you to waive the filing fee if you are indigent. In order to waive the filing fee you will need to file a fee wavier and wait for a judge to hear it. After you file the motion you will receive a stamped copy of the order along with a court date on the motion. Use a special process server to send a copy of the motion to the other natural parent.

Appear at the court on the date on the motion. Courts will grant expedited hearing dates on these types of motions. The court will review your motion and conduct a hearing to see if the other natural parent has frustrated, or ignored, the existing child visitation order. If the court finds in your favor, it has the discretion to revise the custody order, or punish the offending parent for contempt of an existing order. Note that you may be able to recover attorney fees since your action is based upon non-compliance with a standing court order.


About the Author

Based near Chicago, Sameca Pandova has been writing since 1995 and now contributes to various websites. He is an attorney with experience in health care, family and criminal prosecution issues. Pandova holds a Master of Laws in health law from Loyola University Chicago, a Juris Doctor from Case Western Reserve University and a Bachelor of Arts in history and political science from Case Western.

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