My ex wife is not letting me call or see my son. What kind of proof do I need to collect so that I can go to court and prove that she is refusing to let me contact my son. I have joint custody
2007-08-30 11:13:04 · 17 answers · asked by John S 1 in Politics & Government ➔ Law & Ethics
File a motion for contempt of court against your ex for violating your parenting time agreement. Evidence will help.
2007-08-30 11:19:44 · answer #1 · answered by Eisbär 7 · 0⤊ 0⤋
You probably don't need any proof. Since you have joint custody and she isn't letting you contact your son, then she is in the wrong. She would have to prove that you didn't attempt to contact him.
Now, if you want, you could record the phone conversation and clearly state that you want to talk to your son. If she says no, then get a reason why she won't let you. Then, do this several times during the week.
Or, have someone over and put her on speakerphone, that way, you have a witness to what she says.
Some states have laws that prevent people from recording others when the person isn't notified that they are being recorded. If you state that you are recording the call when you call her, then you are covered, so if she does deny you, then you can use the recordings in court, since she knew you were recording her.
2007-08-30 11:22:04 · answer #2 · answered by George P 6 · 0⤊ 0⤋
Take a police officer along on the next visitation when it's time to pick up your son. When you are told "no", the officer will then be your witness and your ex will have to go to court and explain why she's violating court orders.
By the way, don't scare your son by having the officer go to the door. Just make sure the officer is sitting in the driveway - proof enough. If your son isn't allowed to see you, the officer will be able to speak on your behalf and then step back to keep from scaring your son as you take him for visitation.
If this happens again, then file for a motion - without an attorney. There is no need to rack up attorney fees to see a judge and explain that your ex is violating court orders. The officer will be a testifiable witness if you are denied visitation.
The court will likely have a social worker get involved and be a go between for a while - mom drops off son to the social worker, dad picks son up from the social worker, the ex's don't have to see each other.
I feel really sorry for your son. He is such an innocent child caught in the middle. Has anyone asked him what he wants?
2007-08-30 11:21:12 · answer #3 · answered by Naturescent 4 · 0⤊ 0⤋
Check with a family law attorney in your area. Different states have different laws about recording phone conversations.
I know in NC it is legal to record without telling the other person they are being recorded.
Also, buy a notebook and keep it by the phone. Write down each time you call, date, time, etc, and what happened. Sure it isn't proof, but it looks a lot better in court that you called this date, and this date, and this date, etc, etc.
As long as your support is current, most Judges take a dim view of vindictive mothers.
2007-08-30 13:31:29 · answer #4 · answered by jonn449 6 · 0⤊ 0⤋
Contact the Court about that. She cannot do that and can get in trouble for it. Try to collect any proof you can such as phone messages or emails. If you have to get a lawyer, but the court should take care of it.
2007-08-30 11:18:35 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I'm sorry to have to say this but you need some proper legal advice regarding contact. You should keep a log of all the efforts you are making and take them along to a solicitor to get proper advice.
Good Luck to you, hang on in there, you could keep a journal to let your son know that you are thinking of him. So when you see him, whenever it may be, you can show him he was never far from your thoughts.....
2007-08-30 11:20:16 · answer #6 · answered by Lindy 5 · 0⤊ 0⤋
Are you current on child support and all of your other responsibilites to your son? If you are, take her to family court, you'll win. If you're not, well, I wouldn't let you talk to him either.
As far as proof goes, any emails or letters you have would be good, or if you have a witness whose seen her refuse you contact, that would be great.
2007-08-30 11:22:05 · answer #7 · answered by gilliegrrrl 6 · 0⤊ 0⤋
Just call a lawyer and tell him the situation and if you wish tape what she says on the phone . Then sue for full coustody in court and with that tape you will have a bigger chance at getting that .
2007-08-30 11:18:17 · answer #8 · answered by Anonymous · 0⤊ 0⤋
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2007-08-30 11:22:29 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Go get an attorney NOW...look in the phone book for Advocates for Father's Rights,they can help you.
2007-08-30 11:21:55 · answer #10 · answered by alex f 2 · 0⤊ 0⤋