How can I enforce visitation rights with my child?
May 19, 2024 | 50,00 EUR | answered by Gerd Möller
Dear Family Law Attorney,
I am reaching out to you as I urgently need help to enforce my visitation rights with my child. My name is Gerald Ullmann and I am the father of a five-year-old son. After separating from the mother of my child a year ago, the situation regarding visitation rights has been deteriorating for me.
Initially, we were able to agree on a structured visitation schedule, but lately, the mother of my child has been increasingly preventing my visits and denying me contact with my son. I have tried to talk to her calmly and find a reasonable solution, but unfortunately without success. Now I am faced with the question of how to enforce my right to visitation with my child in order to maintain the relationship with my son.
My biggest concern is that my son will suffer from the lack of presence of his father and our bond will be damaged in the long run. I want to be able to provide my child with a stable and loving relationship, but the current situation makes it impossible for me to exercise my visitation rights.
Therefore, I am asking you what legal steps I can take to enforce my visitation rights with my child and what options there are to persuade the mother of my child to comply with the visitation schedule. I am grateful for any advice and support to maintain and strengthen the relationship with my son.
Thank you in advance for your help.
Sincerely,
Gerald Ullmann
Dear Mr. Ullmann,
I understand your concern about your visitation rights with your son and would like to support you in this difficult situation. It is important that you are aware of your rights as a father and know how to enforce them.
First and foremost, I want to emphasize that as a father, you have a fundamental right to visitation with your child, regardless of your relationship with the mother. This right is enshrined in the Civil Code (BGB) and should be respected by the mother. However, if the mother denies visitation, you have various legal options to enforce your visitation rights.
In such a case, you can first try to reach an out-of-court agreement with the mother, for example through mediation. If this is not successful, you can file a petition with the family court. The court will then examine whether the denial of visitation rights is justified and, if necessary, establish a visitation schedule.
It is important that you can prove that the mother is denying visitation. Therefore, document all incidents in which contact with your son was denied and gather any potential witnesses. This can help strengthen your position in court.
Furthermore, the court may order a visitation supervisor to facilitate visitation between you and your child. A neutral person will be appointed to monitor visitation and ensure that it takes place.
I strongly recommend seeking legal assistance to best represent your rights. An experienced family law attorney can support you in enforcing your visitation rights and help you find a satisfactory solution.
I hope this information helps you and wish you success in enforcing your visitation rights with your son. Do not hesitate to contact me if you have any further questions or need legal assistance.
Sincerely,
Gerd Möller
Family Law Attorney
