His ex makes excuses to keep the child from him. She continues to harass my son. My son pays child support, child care and medical and looks forward to being with his child. Does he need to take her back to court? What are his rights? His ex continues to leave threatening messages on his voicemail. He has another child outside of his previous marriage and the ex does not want the other child around her child. After all, they are sister and brother. My son loves both his children unconditionally. He is an excellent father to both his children. He has followed all the conditions of the court order. He travels 40 miles to pick up his child from his ex and delivers the child back to his ex. Now his ex is trying to cut his visitation down to one day every two weeks b/c she has enrolled the child in activity which requires the child to participate every weekend. That shortens my son visits with his child. My son tries to comply with the ex's demands.
2007-06-29 10:59:15 · 23 answers · asked by Toni P 2 in Family & Relationships ➔ Marriage & Divorce
She is outside of her rights to violate a court order, and that's the end of that story. He needs to maintain record of each threatening message, log his attempts at visitation, and take her right back to court, each and every time she is non compliant with the order.
2007-06-29 11:03:31 · answer #1 · answered by melouofs 7 · 5⤊ 0⤋
Unless she can show "Due and just cause" as to why she isn't handing the child to the father, then she is in violation of the court order. Your son can take the court order on his next scheduled visit and take a local police officer with him to pick up the child. Due and just cause would be: alcohol on his breath, police record or report of domestic violence in his current home ect. Unless she can show any good reason , she has to give him his visits.
2007-06-29 11:16:45 · answer #2 · answered by janeyr 2 · 0⤊ 0⤋
First - he needs to DOCUMENT. Go to wal-mart, office depot or dollar general and get a pocket calendar with plenty of room for notes on each day. Use this calendar to write down ANY interaction with his ex. Dates get foggy when you get to court and "was that a Monday? or was that a Tuesday?" will be eliminated with a calendar.
Second - he needs to comply to the letter with the order. If the order says he is to show up at 6:00pm at her house on Friday with a carseat in his car and a juicebox in his hand, then that is what he needs to do.
Third - she can NOT enroll the child in anything that interferes with his visitation. He should limit his conversations with her and remain as calm as possible. The louder she talks, the lower he should talk. Refuse to engage in an argument. Just let her know "I'll be picking up Johnny at 6:00 as per the terms of our agreement. If that is not acceptable, call my attorney". Then hang up.
Fourth - If she refuses to hand over the child then he needs to document it. He also needs to document that he was in the area. Call the Sheriff in her county and ask if they will assist in enforcement of a visitation order. They may actually go with him, they may make a report if she refuses to comply, they may do nothing. If they do nothing he needs to stop at a store near her home and make a purchase. Keep the time stamped receipt as proof he was there (I would staple it in the calendar).
Fifth - get an attorney and file for either a motion holding her in contempt or Petition of Rule Nisi.
There is a wonderful site ran by Lee Borden at www.divorceinfo.com and he has resources to all 50 states. There is also a question and answer forum at www.divorceinfo.com/heo where you or your son can ask questions and get answers and advice - or you can just vent.
Good luck to you and your son.
2007-06-29 11:11:24 · answer #3 · answered by anniewalker 4 · 3⤊ 0⤋
Unfortunately, yes, he may have to take her back to court. For sure, he needs to have his attorney write her attorney a letter indicating that the terms of the divorce are not being adhered to on her side... You didn't say how old the children are, and she may not wish the two blended, and maybe the children don't either.... as a kid of divorced parents, I didn't wish to be part of my dad's other family, and to this day, do not wish to know them at all. My time with my dad was my time, and mine alone, and I told him so. So, I only know where each of them lives...never wanted either of them as friends.... I was never in their presence for very long, and always felt uncomfortable with them around the few times I was in their company..... That is something they all need to work out.... half siblings generally aren't interested in other half siblings.... in fact there is usually nothing but friction... your son needs to realize that tho he loves them equally, they will never love each other.... it's just nature.
She needs to be reminded that this child is his child too, and that the child benefits from his presence in his/her life..... and he has a right to be part of that life.
The only way to divorce is to do so civilly. She is not being civil, and her attorney needs to get that across to her. Fair is fair. Unfortunately, most attorneys have no reason to make things go smoothly... they just gouge both parties... There are no poor attorneys, are there?
2007-06-29 11:34:30 · answer #4 · answered by April 6 · 0⤊ 0⤋
He needs to start by keeping all taped messages from her and then get a lawyer. She is breaking the law and he should make her comply. She can't enroll the child in activities that incroch on his time and she can't say who he has around their child. He needs to stop trying to keep her happy and start doing what is right for HIM and his child.
2007-06-29 11:23:44 · answer #5 · answered by kitkat 7 · 0⤊ 0⤋
he needs a lawyer. and take his ex back to court if she is violating his visitation summoned by the courts. if he's never taken her to court then he needs to, is the only way is going to work with her. also, keep the messages she's sending and take that to an attorney, belive me it will be an immense help. also, if she comes around his home trying to cause problems, call the police immediately and have her escorted out. do not let her in your home. i've gone throught the same with my son. and this is what i did. and it worked.
2007-06-29 12:06:13 · answer #6 · answered by sassy 2 · 0⤊ 0⤋
If he has a court order indicating visitation rights..he can call the local police/sheriff in the town where the kids/mom are..ask the cops to go with him to pick up the kids..inform the cops that he has a court order to pick up the kids and needs there help to enforce it...In my town it's called a "keep the peace"...a law enforcement officer has to enforce the court order.
2007-06-29 11:09:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Sounds like your son needs to step up and fight his own battles. I mean you have good intentions but if your son loves those kids, no let me word it a better way, if your son really is not satified with the outcome of this whole custody delema or the way she is handling it then he will go seek the help he needs to address this issue. You can not fight his battles for him. ONly he knows what he wants. He is a big boy. Maybe he doesnt want the kid to see more drama then the kid already has seen. You dont know so kick back. If you are in california then tell him to call 211 when he needs help. This number has a grip of resources to assist him in many matters. Sorry you are going threw this.
2007-06-29 11:07:06 · answer #8 · answered by beachgirl90 7 · 1⤊ 1⤋
Your son's ex wife's demands concerning the other child are ridiculous. Your son may have to take her to court if she refuses you visitation with your him. If he has court ordered visitation then she is in contempt of court and could find her butt in jail. Your son needs to speak with his lawyer pronto!
2007-06-29 12:08:44 · answer #9 · answered by Anonymous · 0⤊ 0⤋
he needs to call the cops and have the decree in hand so when they get there he can show them it is his time with the child and that shes not abiding by the law he also needs to take her back to court and let them know and take the pollice records as evidence the show the judge that he is trying to take a active roll in the childs life but that shes making it difficult
2007-06-29 11:06:59 · answer #10 · answered by mmedina96 4 · 0⤊ 0⤋