my wife left the state of tennessee with my children and is currently receiving child support and she will not allow me to have contact with them after our divorce. the judge has established that i can have visitation anytime i can see them, but see will not allow that even when i am paying her child support.
2006-08-20 11:24:27 · 4 answers · asked by poetwrt7 1 in Politics & Government ➔ Law & Ethics
The standard rule used to be that the court in which the proceedings took place had jurisdiction... get a copy of your court paperwork with the most recent ruling that allows your visitation, go to the city of residence, contact the local law enforcement agency and request a civil standby for you to pick up your children for visitation. Arrange for the exchanges to take place at the police department, etc. if necessary.
To save yourself a lot of grief, make sure the court papers are VERY SPECIFIC as to your rights. For instance, "every other weekend" is useless, have them state "every other weekend beginning 00/00/06 (a specific date here)" so that any law enforcement officer in any state can look at the paper work, even on a weekend or a holiday and KNOW without having to do further research what your days are. When you get them, be prompt about times and return them on time. Every time. (Or at least call if you are delayed by an emergency, etc.) Don't create problems or stress, make sure your motivation is to see the children, not use them as a vehicle to contact, annoy or harass your ex-spouse. (Not saying YOU would, but some people would.)
To save yourself more grief, get an attorney. Keep a journal of dates and times that you see the children, their general demeanors, attitudes and morale, etc. also keep record of dates and times that you requested to see them and were denied, etc. It might not seem important now, but it could mean the difference between winning or losing your custody rights in the future.
Good luck.
2006-08-20 11:40:02 · answer #1 · answered by hrh_gracee 5 · 0⤊ 0⤋
Well then, that is wrong. If the judge said that you can visit your children, and your wife is not allowing you to do so, maybe you should go to court again. I'm not a law expert, but I think what she's doing is wrong.
2006-08-20 11:33:32 · answer #2 · answered by HarrisonZ 3 · 0⤊ 0⤋
That's not parental abduction, that's denial of visitation rights. She is in violation of the custody agreement. Get a lawyer and take her butt to court!
2006-08-20 11:31:15 · answer #3 · answered by chrbarley 3 · 0⤊ 0⤋
good luck go get them back and dont pay suport but go thru the courts. thats a felony if she comes back to tennessee and they get her. Some states will help but most dont.
2006-08-20 13:36:54 · answer #4 · answered by mike L 4 · 0⤊ 0⤋