I like to have my daughter spend time with me and child support is still being paid
2007-03-19 07:06:48 · 8 answers · asked by timothgy g 1 in Politics & Government ➔ Law & Ethics
Many people think there is a relationship between the payment of child support and visitation rights. THERE IS NOT. Even if you weren't paying child support, (for whatever reason), you would have a right to see your daughter until a court says otherwise. (And, good for you for paying child support!)
You need to contact an attorney and begin the process of hauling your ex back into court for violation of visitation rights. Before you do this, you need to be prepared.
1) Start keeping a journal. Every time you try to call and talk to your daughter, note the date and time, and whether you were allowed to talk to her. Every time you are supposed to have visitation, make a polite, reasonable request for it, in writing if necessary, and log it in the journal, along with the results.
2) After a couple of weeks of this, take a copy of the journal to your attorney. (Keep using the journal, because its useful if she claims you haven't tried, etc).
The attorney can then advise you on the proper procedure in your state to enforce the court order awarding you visitation. Those procedures do vary, so your attorney will tell you more details.
For a referral, contact your local or state bar association and ask for a family law attorney.
2007-03-19 07:16:21 · answer #1 · answered by Phil R 5 · 1⤊ 0⤋
Do you mean she won't allow you visitation? Visitation/Custody and child support are actually two separate issues. Let's say the court finds you to be a terrible person, you'd get no visitation, but you'd still be required to pay support... and vice versa... you can NOT pay support and you'd STILL have a right to see your child. You will be in trouble w/the court and in most states go to jail for not paying, but you wouldn't lose that right.
The answer is that you need to take her to court to have the court force her to allow your visitation.
2007-03-19 07:16:40 · answer #2 · answered by Trouble's Mama 5 · 0⤊ 0⤋
it has been three..... three what??? three days, months, years...what? all this advice about going to court is a little premature, considering we dont know what she will say her reasoning is. moms dont just hold kids hostage. she most likely has a very good reason, and you have failed to mention it here. you may go to court, and find that she has a right to sole custody of your daughter. just because you go to court doesnt mean youre going to win. and youll probably pay out the a@@ for an attorney. this will turn into something that your daughter feels she has to pick between her parents. sorry, but kids wont pick daddy over mom. fact of life. best bet is to try to establish a reasonable trustful relationship with mom, so that you can see your daughter. FORCING VISITATION DOES NOTHING BUT DESTROY YOUR CHILD FROM THE INSIDE OUT.
2007-03-19 09:27:01 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Your ex is in contempt of court if she is violating a custody/visitation agreement. Contact your lawyer or the local court system to press charges.
2007-03-19 07:12:56 · answer #4 · answered by RMarcin 3 · 1⤊ 0⤋
Contact the courts. The ex is violating a court order.
2007-03-19 07:10:12 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Did you have a lawyer draw up the papers? If so, have your lawyer file a show cause for contempt of a court order. (Basically I mean take her to court).
2007-03-19 07:12:09 · answer #6 · answered by Eisbär 7 · 1⤊ 0⤋
File a motion to hold her in contempt for the judge's order.
2007-03-19 07:10:44 · answer #7 · answered by meathookcook 6 · 0⤊ 0⤋
Have her answer to the judge...and threaten to file for full custody if she refuses
2007-03-19 07:11:57 · answer #8 · answered by Try Reality 4 · 0⤊ 0⤋