What are reasonable visitation rights?
Ask a Divorce Lawyer:
My husband has secondary custody of his kids and his ex-wife is starting to get nasty and allow him very little visitation time with the children. The separation papers are very vague, just stating that he will have “reasonable visitation rights” and he must give 24-hour notice. Do you have any advice on how to handle situations like this?
By Andrea Miller
Attorney, Cordell & Cordell, P.C.
Courtesy: DadsDivorce.com
Answer:
Every separation document is different and some lawyers draft them specifically while others draft them generally. Also, it matters whether the separation papers you are referring to were entered into a court order (i.e. if there is a file stamp on them). If it is, then there are different options than if the separation papers were not entered into by the court and are merely a contract between your husband and his ex-wife.
Without looking at the specific provisions, I can only give a brief general overview. Your husband has a couple of options, depending on if the agreement is a court order or merely an agreement between the parties also known as a contract. In either scenario, he can try to talk to the ex wife and ask her what is going on. It seems with her being “nasty” your husband has probably tried this option and it has gotten him nowhere.
If the separation papers were court-ordered then he can try and hold her in contempt of court. She would have to come to court and prove to the judge that she is not willfully breaching the agreement. The judge would then see if what your husband now has in relation to visitation is “reasonable” or not. If it is not reasonable, then the judge has the power to make her cooperate and may have the ability to fine her or provide other sanctions.
If the separation papers were not entered into court and are merely signed by your husband and his ex wife then the other recourse is to sue for breach of contract. She then would come to court and explain to the judge why she believes she is giving your husband “reasonable visitation with the children.” The judge can order her to provide your husband with more visitations and to follow the agreement.
Another avenue, outside of court, can be to merely get an attorney involved and negotiate with the ex-wife, or her counsel, to see if the agreement can be modified to be more specific so that the parties feel that their interests are both protected. You can also modify the agreement in court, but you would have to prove a “substantial change of circumstances.” This response is merely a brief overview and does not constitute an attorney-client relationship.
Andrea Miller is a Staff Attorney in the Charlotte, N.C., office of Cordell & Cordell, P.C., where she practices domestic relations exclusively. Ms. Miller is licensed in the state of North Carolina. Ms. Miller received her undergraduate degree in History and her Juris Doctor from the University of North Carolina at Chapel Hill. While in law school, she on the Client Counseling Team for Moot Court and became a board member. Ms. Miller also participated in UNC’s Legal Assistance Clinic whereby she helped represent indigent clients obtain legal counsel primarily in the area of domestic relations.
