I have been divorced from my ex wife for 8 years. Everything was fine til I married wife #2. Two weeks into my new marriage she started to refuse my visitation rights. I have seen my daughter about three times since. It's been 2 years now. My visitation rights are court order, and yes I do pay child support. My ex wife didn't go to court to terminate visits , she has done this on her own. She has even called my wife & told her we were having sex. This has really taken its toll on my marriage, and my stress level is way high. I have no idea how my daughter is, or where she's at. I'm unable to get a lawyer , I drive professionally , out on the road 3 to 4 weeks at a time. Please give me some ideas , on what to do !
2007-07-02 16:59:23 · 14 answers · asked by eric D 1 in Family & Relationships ➔ Marriage & Divorce
I live in MO. I do know my ex wife , throws a fit because wife # 2 is 5 years younger. She has told my daughter "Daddys got a new wife and a new baby, he doesn't want you." Far from the truth.
2007-07-02 19:45:18 · update #1
For one thing, just because you don't have a lawyer doesn't mean you can't fight this. Your ex-wife is violating a court order and she can be held in contempt and lose ALL custody of your daughter because of what she is doing. I know this from personal experience, as I have been down the custody and visitation road and contempt of court road before with my ex-husband. I would suggest that you contact your county courthouse and ask to speak to a family law facilitator. Usually they will talk to you for free to give you advice, but often they will make you go down to the courthouse and talk to them in person. There are also legal referral services who can put you in touch with a lawyer who can give you a free phone consultation to let you know what your options are.
At the very least, you have done nothing wrong, other than dare to injure your ex-wife's pride by getting married again. She cannot punish you by denying you visitation. You said you have been paying child support. Did you know that in most cases, whether or not you pay child support has no bearing on if you can see your child? Yep. It's true. The fact that your ex-wife is calling your wife and telling lies is despicable. I would document everything. Document phone calls (don't record them without informing her you are doing so or you will be breaking the law) by writing down the contents of the conversations. Document the visitation or the lack thereof and why the visit was not allowed to happen. Document the heck out of everything. Your ex is breaking the law and if she is not careful, she could even go to jail. The judge in my divorce trial once threw a father in jail because he impeded with the visitation schedule and the judge was in a bad mood and had enough of this particular father doing this sort of thing. What your ex-wife is doing is called Parental Alienation and courts frown on that. Get a lawyer if you can. If you can't, contact the court and ask to talk to a facilitator. You may be able to file contempt of court papers and get this handled without an attorney. Still, contact one first, whether or not you end up using one. You are in the right on this one. You should fight this if you can. I wish you all the best!!
2007-07-02 17:12:17 · answer #1 · answered by Chimichanga to go please!! 6 · 1⤊ 0⤋
trust me on this one as i have had a similar exp. If it has been court ordered, you can go to the courhouse and file comtempt of court charges on her. Three of these and she'll be in a pickle. Oh yeah by the way, it doesnt matter if u were paying child support or not, she cannot deny visitation. the sooner u do this the better. Contempt is not something she wants to deal with. Shouldnt cost more than 20 bucks for the filing fee. Good Luck
2007-07-02 17:05:52 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Contact an attorney. You can get a lawyer. Find yourself a free 1/2 hour consultation with someone from the phone book.
If you were in Washington, I would charge you very little to point you in the right direction.
I would file a motion for contempt for you, and demand make-up residential time for you. If you were my client, that would never happen without the mother knowing it would cost her.
Sadly, there are usually other factors that are not included in the question posed.
2007-07-02 17:12:38 · answer #3 · answered by ellensburgattorney 1 · 0⤊ 0⤋
If you have court ordered visitation and your ex is denying you that then you need to get a lawyer right now. If you are current on your support she can be held liable for this. Good for you for doing the right thing in paying your support payments. Good luck!
2007-07-02 17:06:52 · answer #4 · answered by thrill88 6 · 0⤊ 0⤋
If there is a court order and she tries to keep their daughter on your visitation time tell her that you will show up with the police to enforce the order. Document all of these incidents and get an attorney and take her to court. It's ridiculous when people use their children to punish their exes. It's selfish and immature and incredibly damaging to the children.
2016-05-17 05:27:06 · answer #5 · answered by ? 3 · 0⤊ 0⤋
you may not have time to see a lawyer but at least talk to one...pick up a phone, because this is against the law....this is actually kidnapping to be exact, if you have no clue where she is...the court ordered you visitation, you have the right to see her....i think your wife still has feelings for you and thats the reason for her acting this way after you getting married but that gives her no right to do this, you have to talk to someone you have to....you can pick up the phone and call any lawyer and tell them your situation they'll tell you what to do from there
2007-07-02 17:07:56 · answer #6 · answered by Nita and Michael 7 · 1⤊ 0⤋
first of all don't give up. i know that it's hard. go through the courts about the visitation because in all reality if she does not let u see ur daughter then u don't have to pay child support. ur daughter knows that ur trying to see her and she does not blame u she knows who to blame. if all else fails she if legal aide will help u. pray each day n don't give up hope things will change if u believe n never give up.
2007-07-02 19:00:49 · answer #7 · answered by tluv692003 1 · 0⤊ 0⤋
wife # 1 should be sitting in a prison cell, being guilty of criminal contempt. You're exhibiting strength ; many men would have committed [justifiable] homicide by now on her. I know you're pressed for time, being on the road however a good attorney should be able to take care of this. You do have 1 choice : let things continue on until your stress & wife #1 destroys everything you have, or MAKE yourself able to retain counsel.
2007-07-03 00:39:21 · answer #8 · answered by Anonymous · 1⤊ 1⤋
Take this woman to court immediatly!! you do not need a lawyer for family court, and you might not need one because your case is quite straight forward! Your daughter needs you, don't let your ex use her like this it is sick!
2007-07-02 17:06:07 · answer #9 · answered by Andrea 5 · 1⤊ 0⤋
She is tremendously jealous of your new wife and wants to punish you by withholding visitation with your daughter. Your only options are legal options, but I don't know what your legal options are. I am a jealous person so I don't know what you can do to help your wife overcome her jealousy of your new wife.
2007-07-02 17:06:05 · answer #10 · answered by Anonymous · 0⤊ 0⤋