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Why is Visitation not an Obligation, in Mobile, AL?

mycasewebsites2 • Oct 13, 2015

I see it all the time. Mostly dads, unfortunately, not exercising their visitation rights to their children. Alabama Law is clear on the subject. Visitation is a right, not an obligation. Why is that?

If you are a single parent, you know how difficult raising children can be when there’s only one adult at home. The list of responsibilities is long. There are not enough hours in the day. You struggle to maintain a job, transport the children, help them with homework, make sure they eat well, personal hygiene, bedtime…it’s hard work.

Then, every other weekend, you are supposed to get a break. The other parent should take the children, along with the responsibilities, for 48 glorious hours. You are excited and make adult plans for the weekend. The children are excited…they love the other parent. You’ve packed their bags the night before and rushed to make sure they are home on time for pick-up, and then an hour passes; then two.

At some point, the other parent calls, texts, or emails that they are so sorry they just can’t make it this weekend. What do you do? What can you do? Unfortunately, if your divorce decree is like most of those issued in Mobile County, Alabama, not much. So long as the other party is paying their support on time and in the right amount, there’s no legal basis for contempt.

Here’s a link to a related article by the Rosen Law Firm in North Carolina:

Seeking to terminate parental rights based on abandonment requires no contact and no support for at least six months, so that won’t work either. You don’t want to do that anyway…you love your children and know that having a relationship with the other parent is vital to their well being.

A possible solution for those of you who have a visitation order already is to file a motion to modify that order based on the other parent’s behavior. You must diligently document the visiting parent’s behavior and visitation failures. Once filed, you can negotiate with the other parent for visitation terms that include consequences for missed visitation periods. If you are considering divorce, once it’s filed, you can negotiate terms to be included in the visitation order up front so that the visiting parent has an incentive to engage in regular and frequent visitation with the children.

Either way, I can help. As your attorney, I can help you negotiate terms that will help lay the foundation for co-parenting in which the other parent honors their commitment, not just of their money, but also of their time, to your children. Call me at (251) 445-0891 or email me at ron@mcbaylaw.com. I don’t charge for an initial consultation and my hours are flexible!

Love is a Battlefield-VA Disability Payments in Divorce

By mycasewebsites2 • 29 Aug, 2018
Mobile, Alabama has its fair share of military service members, veterans, and retirees. Sometimes, those folks get divorced. When they do, the military spouse’s military retirement is subject to equitable division by the Court. Either the parties agree on the division of military retirement or the Court divides it. In any event, the non-military spouse […] The post Love is a Battlefield-VA Disability Payments in Divorce appeared first on The Law Offices of Teague and McBay.

Making Up Is Hard to Do

By mycasewebsites2 • 24 Apr, 2018
Thankfully, I’ve recently had a spate of couples who have decided to try and make their marriages work after filing a divorce. In a couple of instances, even after a great deal of fighting and legal wrangling, I’ve had clients lay down their swords and engage in reconciliation. I love it when that happens. In […] The post Making Up Is Hard to Do appeared first on The Law Offices of Teague and McBay.

What’s Different about McBay Law?

By mycasewebsites2 • 05 Sep, 2017
I grew up watching Sesame Street. I loved Oscar and the Cookie Monster. One of my favorite regular skits was the “One of These Things is Not Like the Other.” I loved picking out the thing that was different. Of course, there were only ever four “things,” so choosing what was different was relatively easy. […] The post What’s Different about McBay Law? appeared first on The Law Offices of Teague and McBay.

Free Milk and a Cow: Common Law Marriage

By mycasewebsites2 • 06 Jul, 2017
More than 30 years ago, the Georgia Satellites released a song about a marriage ultimatum: “Keep Your Hands to Yourself.” The lyrics document the struggle between the singer and his lover over the terms of their relationship. We don’t know how that story ends; whether the couple married or split up. The song came to […] The post Free Milk and a Cow: Common Law Marriage appeared first on The Law Offices of Teague and McBay.

Step-Parents and Custody Fights

By mycasewebsites2 • 06 Jun, 2017
For those of you reading my blog for the first time, I am a divorce and family law attorney who is divorced, has children, has remarried, and has another child in my current, and final marriage. Confused? Don’t be. I often write from the perspective of a Dad who has children for whom I have […] The post Step-Parents and Custody Fights appeared first on The Law Offices of Teague and McBay.

Testimony in Divorce Cases: Don’t Monologue

By mycasewebsites2 • 30 Mar, 2017
If you have children, you’ve probably seen The Incredibles. I’ve seen it a MILLION times. One of my favorite scenes is the one in which Syndrome, who has Mr. Incredible in a seemingly inescapable situation, realizes that he is monologuing. Of course, monologuing is a common theme in all sorts of hero/villain movies. The hero is […] The post Testimony in Divorce Cases: Don’t Monologue appeared first on The Law Offices of Teague and McBay.

Common Law Marriage Requires Regular Divorce

By mycasewebsites2 • 22 Mar, 2017
Recent Events in Divorce and Family Law If you live in Alabama, you may know someone who has a common-law husband or wife. While only a few states recognize marriages with the absence of an official license, Alabama is no longer one of them. Before January 1, 2017, you could have avoided the ceremony, the […] The post Common Law Marriage Requires Regular Divorce appeared first on The Law Offices of Teague and McBay.

Waiting for the End of Time: Divorce in Mobile, Alabama

By mycasewebsites2 • 30 Dec, 2016
As a child of the seventies and eighties, I have vivid memories of hearing “Paradise by the Dashboard Light” as performed by Meatloaf on the radio. Of course, early on, I had no frame of reference for the story told in song about the heat of passion and the consequences. For those of you who’ve […] The post Waiting for the End of Time: Divorce in Mobile, Alabama appeared first on The Law Offices of Teague and McBay.

The Effects of Cohabitation on Alimony in Alabama

By mycasewebsites2 • 02 Nov, 2016
If you are paying or receiving alimony as part of a Divorce Order in Alabama, this one is for you. Under Alabama Law, the obligation to pay periodic alimony terminates upon the receiving party’s “cohabitation” with a member of the opposite sex. So, what does that mean? Under the case law, cohabitation is that thing […] The post The Effects of Cohabitation on Alimony in Alabama appeared first on The Law Offices of Teague and McBay.

If it can happen to Brad Pitt, it can happen to you.

By mycasewebsites2 • 29 Sep, 2016
Unless you’ve been living under a rock, you’ve probably heard about what a mean son-of-a-bitch Brad Pitt is and that Angelina Jolie just can’t take it anymore. Multiple media outlets were eager to scoop Angelina’s side of the story about his anger management issues and how he’s a danger to the children. Lucky for Brad, […] The post If it can happen to Brad Pitt, it can happen to you. appeared first on The Law Offices of Teague and McBay.
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