My son's mother is holding him from me due to differences between her and my present wife. We have a court agreement that i get my son every other weekend.(which is already not nearly enough time to spend with your child) Even with police present will admit to not letting me have my son, which is a documented (police report) refusal to comply with the court order given by the court of common please of Philadelphia county. Besides get an attorney, what will happen when we go to court for this? Will they punish her by giving my son to me full time?
Thank You for Listening, answering,
a Concered Father
2007-07-31 17:44:18 · 11 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
No, you will not get custody of your son over this. It is a very typical situation and to be honest - not a lot is going to happen to her since this is going to be your first court apperance on the subject. She will get yelled at by the judge and warned - but that is about it.
My suggestion to you is to file at the same time for a modification of the visitation, where you get your son every weekend and also one day a week.
I'm curious as to what her "issues" are with your wife - if she has valid concerns in the eyes of the court as to how fit she is as a step parent - filing for modification of visitation may not be in your best interest.
If you want to e-mail me more specific information I will be happy to advise you.
2007-07-31 17:52:12 · answer #1 · answered by allrightythen 7 · 0⤊ 0⤋
First time, not much.
But if you document it every time with a contempt of court, there may be a change in custody. Note that it requires family court action, not just police reports. Also be warned, non-custodial parents can also be found in contempt of court for other issues of the custody agreement. Different states have different rules for primary custody. If you don't live within same school district, there is a reason why visitation is only on weekends so continuing at same school will be a factor. Most child custody cases are restricted by causing least changes to a child after a divorce not requiring the most changes.
You have to talk to a local attorney to know what is normal for your county...
This probably won't be what you want to hear but consider it anyway....
2007-07-31 17:53:56 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It will vary from state to state. Sorry to say that you rbest answer is from an attorney who practices in PA.
Seems to me that before she is held in contempt that they courts may try to find a reasonable way out, i.e. supervised visitation etc.
Make an appointment with an attorney, make sure you walk into their office with copies of all the police reports that you have already made, as well as those you will make between now and a court date.
Each time you are due for visitation, go for them, if they refuse, call the police again. Show that you are doing everything humanly possible to see your children, take her to court and let the judge do the rest.
Chances of her getting prison time is slim to none for a first offense, however, if she continues, she could well end up in jail, as the father, you will (hopefully) take custody of the child, then all is well..
Best of luck from another concerned father.
2007-07-31 17:51:23 · answer #3 · answered by Michael H 7 · 0⤊ 0⤋
they will not give you full custody. not on a first offense anyway. if you take her to court for contempt, she will get a scolding. please keep in mind that if she held visitation due to feeling it would be a danger to the child the judge might see her point of view. so don't be surprised if she walks away with not even a fine.
if she does this again, she can be fined.
if she still does this, she will be given jail time and then possibily assigned more parenting classes
then if she still does this, then it is up to you to file for full custody. the judge just won't say, "here's your kid".
to get a change of custody is the hardest thing to acomplish unless you prove she is a danger to your child.
2007-07-31 18:13:03 · answer #4 · answered by Isabella S 4 · 0⤊ 0⤋
normally if the custodial parent isnt following the court papers then usually they will give the child to the other parent because the courts wont the 2 parents to spend as much time with the child and make sure you document everthing and even if she calls you and record it and take it to court and use it against her good luck
2007-07-31 17:55:02 · answer #5 · answered by foxy lady 4 · 0⤊ 0⤋
You must get an attorney! It is sad to say, but court opinion will be lowered if you do not have legal representation. And they will probably reinstate the visitation and provide court supervision when she is to hand over your child.
2007-07-31 19:49:55 · answer #6 · answered by dizzkat 7 · 0⤊ 0⤋
I doubt they will give you total full time custody of your son. However she will be fined and MAY spend the night in jail. You would have to show PROOF that she is an unfit mother in order to have the custody order changed. Her not allowing you to see the child is not proof she is unfit.
2007-07-31 19:22:36 · answer #7 · answered by Anonymous · 0⤊ 1⤋
It really just depends on the judge and how good your lawyer is. The judge could grant you custody if you have applied for it in the past and you prove (with the evidence such as her failure to turn over the kid(s) that she is wrongly keeping them from you. You could start out with more visitation. It makes me sick that there are parents out there who keep their kids from seeing their other parent. When my hubby and I were separated, he saw my kids as much as he wanted to. I never tried to keep the kids from him. That is just wrong. Good luck.
2007-07-31 17:49:21 · answer #8 · answered by eharrah1 5 · 0⤊ 0⤋
You'll have to contact your attorney for the specifics because laws differ from state to state.
2007-07-31 17:48:55 · answer #9 · answered by ann81969 3 · 0⤊ 0⤋
That is a good possibility. It is called interferring with a court order and you could have her put in jail for it. Good luck.
2007-07-31 17:49:37 · answer #10 · answered by lyttledarlin 4 · 1⤊ 1⤋