If I have a visitation order in place but the father has not picked up the children in over a year.?

Question

Do I even have to go? Can you file an OSC for the exact same visitation order? The order has the exact same times and day. I dont believe his paperwork is filed right and I plan on not going. Our case was transferred to a different county and he has requested this osc in another county. He does not pay support at all and I can not afford to keep returning to court in which he is a no show. He also has scheduled 4 mediations in which he does not show. Why should I waste more money on an attorney? He already has an order and he should follow it.

I know visitation and support are different. I just wanted to plug that in.
He filed and there is NO change except for the fact he has not shown up in over a year to the same address. He filed it himself and even filed the papers to have the county pick up the tab on the 65$ cost to file the form.

I am in California. They dont really persue anything here for you unless you recieve welfare. They will just file it and let it collect dust somewhere.

I am in California. They dont really persue anything here for you unless you recieve welfare. They will just file it and let it collect dust somewhere.

Answer 1

How did he get to file an osc if there was no change of circumstances? Did he do it on his own or what?! He has the right to see the kid whether he pays support or not (that's a separate issue), but all these no-shows may give you lots of leverage if the order has a chance to change. I feel your pain. Unfortunately you better appear in court or there may be a judgment in his favor that would be hard to undo, potentially.

Answer 2

Your best option is to never miss a court date or mediation date. Even if you know he won't be there. The more times he messes with the court and bails, the less likely the judge will give him the time of day. Child support and visitation are indeed separate issues in a domestic case. You cannot withhold visitation because he does not pay.

I he has failed to exercise his visitation for as long as you say, I think you could make a case for not following the prior order. Remember there is a difference between what the law says, and how a judge applies it.

Although expensive, you should have an attorney. If nothing more than to make your ex look stupid in court if he ever does show up (I always loved doing that!!}

Answer 3

If you don't want to waste any more money, the best thing to do is to let the Attorney General's Office handle it for you...They handled my case, very much similar to yours, and I didn't have to pay a dime. But you do have to kind of stay on them and make sure you email, write, or make phone calls to check on your status and keep the update with any information. They even have it now you can go on line. I am in Texas and the email address for me was http://www.oag.state.tx.us/. Hope this will help..

Answer 4

Child support and visitation are seperate issues.
You are required to have your children available for the court ordered visitation, each and every time, whether he shows or not. If you do not cooperate ONE time with his visitation (if he chooses to have it) you can be held in contempt of court.
To help your cause along, I would show up to everything he schedules, whether he shows or not.
Keep in mind, he and your children are suffering from his lack of responsiblity. Keep your children's best interest at heart. They will understand someday and respect you all the more for what you did/have done.