my fiance and i have visitation of his 16 month old daughter every weekend. today when my fiance went to pick her up his x wife told him that she is not giving the baby to him. he called his lawyer and the lawyer did not remember if we had her this weekend. on monday we are going to the lawyers office to look at the paperwork and to see if we were suppose to get her. i wanted to know if anyone knows what will happen to her if we see that we should have had her(ie jail time,back to court). she will be breaking a court order. thanks for your help!
2007-02-17 03:04:30 · 9 answers · asked by ♥ missing a soldier in Iraq ♥ 4 in Politics & Government ➔ Law & Ethics
The most important thing to focus on, of course, is your fiance's daughter. She's in the middle of everything and sometimes you have to go with the flow for the sake of the child. I would not move to forcing her mother into jail... but your fiance does have the right to go for joint physical custody if mom doesn't comply with the court order visitations. It's going to get harder and harder for all of you as this child gets older. There will be days when she's not going to want to go to her dad, and days when she doesn't want to be with her mom. Both parents have to become flexible and do what is best for her.
Good luck to you... it is not easy being a stepmother... not easy at all. You may have to be the adult in this situation.
2007-02-17 03:14:57 · answer #1 · answered by mJc 7 · 0⤊ 0⤋
No, they won't put her in jail. You should keep an address book with the dates that you have visitation. Your finance should go over the dates with her, I know sometimes exspouses can be impossible. By keeping the address book he can show her what they had agreed upon as per the court order. The only thing you can do is take her back to court, but I don't know what the judge will do, of course they will review the matter and tell her if she was right or wrong, but I have never know anyone to ever go to jail for not giving visitation as per a court order.
I went through it with my ex, except I was the guardian parent. He wouldn't show up or call so we had the order changed from Friday nights to Saturday mornings and she was suppose to be home at a proper hour on Sunday and he would be late. Without paying an arm and a leg for legal fees I would tell him next time he does it I will have him arrested for kid knapping. It stopped him from being late.
I am reallly glad to hear that your finacne is involved in the baby's life. You can get an order changed and piss her off for more visitation.
Good Luch
2007-02-17 11:20:03 · answer #2 · answered by woomann1 1 · 0⤊ 0⤋
You should always keep a copy of the visitation order. That way, if she is violating your husband's right to visitation, he can call the police.
The penalty depends upon how often she violates the visitation order. Everything from a slap on the wrist to losing custody of her daughter (the latter if she continually disallows it against court order). Most often, the first few times the police are called, nothing at all will happen if both parties comply with the order in the presence of the police.
2007-02-17 11:16:13 · answer #3 · answered by mamasquirrel 5 · 0⤊ 0⤋
Not a whole lot. Child custody issues are such a pain in the butt. Yes document anytime she messes with the child custody. But no she won't go to jail. At the worst you will spend money for the attorney to take her to court to have a judge merely tell her..hey follow the order. Yes she will be found in contempt of court and no she will not go to jail and there is very little you can do to her over this petty child like behavior.
I would imagine she is acting out because your fiance has moved on and she has not. Your fiance needs to explain to her that they are the childs parent and must get along for the benefit of the child, you on the other hand must stay out of it. Yes you are part of the childs life for the time, but you are a point of resentment for the ex-wife.
He needs to man up, talk with her as an adult, and learn to get along for the benefit of the child. Otherwise you will be battling a futile effort, wasting A LOT of money on attorneys and getting nowhere fast.
2007-02-17 11:15:52 · answer #4 · answered by John F 2 · 0⤊ 0⤋
I don't know why you weren't supplied with a copy of the paperwork on this, you should have been. Call your attorney's office and get one.
Most likely, she will get a slap on the wrist and a no-no from her attorney. However, if she does it again, you need to immediately go TO the police station WITH a copy of your visitation paperwork, and the police will call her and tell her she is in violation, and she'd better have a good excuse.
If it becomes a huge problem, you need to keep track of it, times and dates when you went to pick her up and the ex said no, turn it over to your lawyer, and let him take it back to court.
2007-02-17 11:10:07 · answer #5 · answered by Big Bear 7 · 1⤊ 0⤋
First off - YOU do not have visitation - the childs father has..You have NO SAY in anything concerning the child so butt out.
What the childs father should do, is write his visiting days down on a calendar - then there is no confusion.
If the mother made an error concerning the week end rotation, nothing will be done to her (but don't you wish).
You need to back out of this matter instead of stirring things up. This is between the father and the mother..you, no doubt, are very creative in stirring it up. Most women in your position are.
2007-02-17 16:50:27 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If he was supposed to have visitation this weekend and was not permitted to have it by the child's mother, he could get compensatory visitation, i.e., another weekend. But it sounds as if the problem is that he is not getting along with the child's mother. In that case, it might be a good idea for the two parents to go to mediation. Then they could work out their differences so that they can avoid future visitation problems.
The little girl needs both parents.
2007-02-17 11:14:03 · answer #7 · answered by Tricia R 4 · 1⤊ 0⤋
Most likely she will get a slap on the wrist for contempt. Unfortunately the Vile, Corrupt, Disgusting and Unfair Family Court system doesn't give a damn about the rights of the non custodial parent.
2007-02-17 11:11:52 · answer #8 · answered by pretender59321 6 · 1⤊ 1⤋
my best advice to you would be to know your rights and stay organized. Things that happen after the fact don't mean a whole lot to the courts and legal system unless they are serious. If she continues to give you problems then you'll end up back in court.
2007-02-17 11:19:59 · answer #9 · answered by transformerzdealer 2 · 0⤊ 0⤋