What to do if my ex-wife refuses to follow the divorce decree and has denied me visitation for over a year and a half?

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What to do if my ex-wife refuses to follow the divorce decree and has denied me visitation for over a year and a half?

I have child support drawn from my civilian job and my military job when im on active duty orders. But now its coming out of my regular drill pay with means she gets more than the court ordered amount. How can I fix that with out taking her back to court? We have true joint custody on paper but if relinquish my parental rights will I still be forced to pay support even tho I am not getting to see my kids now? We both live in the same state with them just moving last month and I still did not even get a notification of that nor will she allow me to see, talk to or have any contact with them.

Asked on November 13, 2012 under Family Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First, courts will not allow you to relinquish parental rights to avoid paying child support.  SO what you have to do is to take her back to court NOW and ask for a modification of the amount if that is what you need to do and to hold her in contempt for failing to abide by the court order and obstructing your parental rights.  That is a very serious matter. Thank you for your service to our country. 


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