My husband's ex has custody of his 5 year old son. He is supposed to have his son on holidays and school vactions, but she refuses to let him come (she lives in another state). We have a lawyer and have gone to court. The court told her she must let the visitation happen or she would be in contempt, but still she did not let him visit. He has not seen his son in over a year. The last court date we had was in June and finally we have one set for the end of November. Can he ask for custody of his child based on her not following court orders which are based on the best interest of the child? He is also paying a lot of child support plus the cost of the child's travel expense (which she has never returned). She says the only income she has to support herself is child support so she can't get the child here.
2007-10-09 08:31:08 · 22 answers · asked by klyn 2 in Family & Relationships ➔ Marriage & Divorce
Hi ex also changed her number so he can't even call. Which by court order he is allowed to do twice a week.
2007-10-09 08:41:17 · update #1
Ultimately the court will decide but he may have to meet her halfway or for lack of funds, all the way
2007-10-09 08:34:40 · answer #1 · answered by Hi its me again 4 · 0⤊ 1⤋
If your husband thinks it is in the best interest of the child for him to have custody then he should talk to the lawyer about his options. If his ex keeps refusing visitation she could be looking at jail time which is not good for the child. Your husband has not seen the child in a year but would have to show the court he has made every effort to have contact with his son. The fact that he is willing to pay the child's travel expenses doesn't give the child's mother much to complain about. I can't even imagine not allowing my ex to see our son. Even though I am not happy with my ex for leaving but my son should not miss out on being with his father.
2007-10-09 15:50:17 · answer #2 · answered by walkerhound03 5 · 1⤊ 0⤋
I know someone personally who has gone through something similar to this. I am not sure if every state is the same or if every judge is the same, but the person I know was told that if his child's mother would not let him see his son she would be in contempt of court and it would be grounds for an investigation in the child's interest and he could possibly get custody. I am not quite sure about child support, but I do know that here in Georgia both parties have to put in towards the child. Whoever does not have sole custody of the child has to pay child support, but the other person has to pay for half of the health and dental insurance and is also responsible for everything other than the child support. I will pray for your husband and his son. Sounds to me like this judge needs to investigate this woman and find out why she doesn't have a job and finding a way to get her child to his father when it is time to see him. Good Luck and you are in my prayers.
2007-10-09 15:46:15 · answer #3 · answered by Shorti 1 · 1⤊ 0⤋
child support and visitation are two separate issues. sounds like your husband has an incompetent attorney. i refused visitation to my ex and i was slapped with contempt so fast my head spun! tell your husband to go on line and look up the laws of the state the child was born in as they will take precedent. also tell him to check out fathers rights web sites. anyone can ask for custody of the child....i could ask for custody of the child! in my court order, my daughter's father had to provide the transportation to pick her up and return her home. why should the mom return the expense of the travel??? a judge will grant custody based on best interest of the child. good luck.
h&t oct-2.....POLICE HAVE NO AUTHORITY TO ENFORCE THIS COURT ORDER. DON'T WASTE YOUR TIME CALLING THE POLICE...THIS IS A MATTER FOR THE COURTS...NOT THE POLICE.
2007-10-09 15:37:36 · answer #4 · answered by Anonymous · 3⤊ 0⤋
I would set up an appointment with your lawyer and ask him exactly what you just asked. The only person that is going to really know the situation will be, your husband, you and the lawyers. He will be able to tell you everything you can do, and if it's a good enough lawyer, then you probably could get custody of the child. So my advice is to call the lawyer! Hope this helped some..
Heather Rene'
2007-10-09 15:40:00 · answer #5 · answered by Heathre Rene' 1 · 1⤊ 0⤋
Take it back to court and seek full custody - In the meantime, talk to your lawyer about how you can enforce the court ordered visitation. You may also want to discuss with the lawyer about deducting the amount you payed the ex for travel from the next couple of child support payments. Stick with the law on this one that way your husband looks better in the eyes of the court. Also, make sure your husband is in continous contact with his son - Call him every couple of days to tell him you miss him and are thinking of him. Send him a card or something once a month to remind him he is in your hearts.
2007-10-09 15:37:32 · answer #6 · answered by Go Bears! 6 · 1⤊ 2⤋
That is grounds for him to gain custody of the child in most cases. She is in contempt by not allowing him to see his son on the scheduled times explained in the court documents. Surely she is aware of that and she will be lucky if she does not get in a lot of trouble in November at the next court date. Good luck
2007-10-09 15:35:10 · answer #7 · answered by *~*love always*~* 6 · 3⤊ 1⤋
By all means if she is refusing visitation and is living soley off child support, your ex needs to seek custody and support too. If he is paying the travel expenses there is no excuse at all for this women to refuse a child from their parent. SHe is using him as a pawn and that is very damaging to a child. Seek full legal and physical custody ASAP
2007-10-09 15:36:29 · answer #8 · answered by 20+ years and still in-love! 4 · 2⤊ 1⤋
You can definitely ask for custody, at least joint, and have a great chance of getting it.
When you file the Petition for Citation of Contempt there will be a section, after you list everything she has done wrong, where you get to list what you want in return. It usually begins "The petitioner prays for..." I would go for full custody. You have a good chance of getting it.
2007-10-09 15:36:10 · answer #9 · answered by Anonymous · 2⤊ 0⤋
Go to court again. This happen to me took some time but she got the message from the judge. He (the judge) threaten her with jail time and loss of her child and child support that fixed her wagon. I have no problems now.
2007-10-09 15:42:33 · answer #10 · answered by Anonymous · 2⤊ 0⤋
Those are all questions for his lawyer. Custody fights are nasty and time consuming. The one thing he can not do is simply go get his son. Discuss everything with the lawyer and follow his(her) advice!!
2007-10-09 15:35:46 · answer #11 · answered by marystoy_2000 5 · 1⤊ 0⤋