i have not been able to see my child since august of 05, not because i dont want to but only because when arrangements are set the mother fails to follow through, im not sure if i need to hire some expensive attorney or how to go about resolving this issue, there is no restraining order, there is only a court order, that gives her full legal custody and me joint legal, but i never hear anything from her any suggestions?
2007-02-21 06:45:58 · 8 answers · asked by krazy_k 1 in Family & Relationships ➔ Marriage & Divorce
You don't need a lawyer to enforce visitation. You will have to go back to family court and have the judge enforce the visitation agreement. If she does not comply then she will be charged with contempt of court and if she still doesn't comply. Then you show up with a police offer and have her arrested for violating the order .
Fathers must fight to stay in our childrens lives fight to the very end. Some of us have been through what you have and have been successful in getting to see our kids.
Don't give up.
2007-02-21 06:53:48 · answer #1 · answered by Anonymous · 0⤊ 1⤋
I know where I live if you bring your paperwork when you go to pick up the child, and the ex either refuses to let them go, or says she is busy, you can call the police and they will make her follow the paperwork. They will tell her that if she has a problem with it, she needs to get a lawyer to change what is there, as they just inforce the paperwork. I have a friend who had his ex in contempt of court for doing exactly as your ex is doing. A court order is a court order and she is supposed to follow it. Your best bet would be to go see a lawyer to have the paperwork inforced which may mean yet another trip to court, but the judge will ask her to explain herself as to why she is not holding up her part of the order. Please don't wait too long as it only makes the child wonder where you are and why you aren't around. She is only hurting the child being selfish and controlling. Good luck to you.
2007-02-21 06:55:59 · answer #2 · answered by notfreeinnh 3 · 0⤊ 0⤋
First of all I see no where in your post where there is an order of visitation, without that the mother of the child doesn't HAVE to make arrangements for your visitaitons. You need to look at your divorce/custoddy/support papers and see what orders there are for visitation. Usually it's every other weekend and one evening a week. If she does not comply with this order then YOU need to take HER to court and demand your visitation rights. Keep in mind, child support is NOT payment for visitation, they are two seperate things so don't get the idea that you can withhold child support until she allows you to see the child.
2007-02-21 12:34:49 · answer #3 · answered by Anonymous · 0⤊ 0⤋
why would you let her get away with this for this long? you say there is a court order about custody, so I'm sure there has to be a court order about visitation also. i would suggest to call your local friend of the court and tell them that she will not allow you to see your child. explain what she is doing and if you have to hire a lawyer and go back to court to straighten her a** out! good luck!
2007-02-21 06:55:56 · answer #4 · answered by jdchick48 3 · 0⤊ 0⤋
you see, thats not right. here's a parent, doing the right thing and denied visitation. its those sorts of parents that give us all a bad name.
i cant even get my ex to show up... years at at a time.
no one is allowed to deny you visitation, as long as you have not been deemed a danger or threat to your child(ren).
i would file a motion pro se. just call the county court house, ask where to pick up a packet (pro se, you do yourself) for denying vistation/ enforcement of your rights.
enforcement hearing... thats what you need.
courts are gonna be really pizzed off at who ever is denying, i'll tell you that. they dont take kindly to that sort of behavior.
oh yeah, make sure you address phone call rights to the child, without the ex giving problems. ask the child be made available at a certain time (it'll be decided what time) so you are able to call every night.
2007-02-21 11:32:18 · answer #5 · answered by Yvette B yvetteb 6 · 0⤊ 0⤋
What you should have done is took your butt down to the court house with your divorce papers and tell them if you have visitation that she will not let you see your kids, and they will tell you what to do they will probably send you over to juvenile court to talk to the judge over there she has to let you see them if it is court ordered she can be held in contempt, why haven't you did anything before now, them are your kids they probably think you abandon them.
2007-02-21 06:56:02 · answer #6 · answered by Mary O 6 · 1⤊ 0⤋
If she does not make "reasonable" plans to allow for your visitation, she can be found in contempt of court. Most important to keep paying the child support though. If this takes a long time to resolve, your child will want to know that you continued to provide for him/her despite the actions of his/her mother.
2007-02-21 06:53:57 · answer #7 · answered by anothersomeonenew 5 · 0⤊ 1⤋
You need to hire a lawyer. She has to legally let you see your child. I'm sorry that your ex can't let go of whatever happened between your relationship and just let you be the good dad your wanting to be. If you have tried talking to her and she still refuses to let your see your child, it is time for legal action. You have every right to be a part of your child's life.
2007-02-21 06:55:00 · answer #8 · answered by Chrystal 7 · 0⤊ 1⤋