okay well my husband has a custody order stating visitation rights every other weekend and for 10 months never got to see them he took the mother to court several times to fight this the judge says sit down and try to come to an agreement and she admitted to violating court ordered agreement and has yet to see kids...best advice? she would rather he not se the kids but something needs to be done
2007-10-09 18:32:01 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
okay she tried bringing up harassment charges on him because he was calling to talk to his children.She admitted to breaking the agreement to the judge at the trial he said just sit down and discuss it and she says she wants full custody with no visitation and he wont go for that.And he has the papers he filed but the judge isnt doing anything
2007-10-09 18:45:32 · update #1
the child support thing he pays he was threatened to be sent to jail if he didnt pay. and we have a 3 bedroom house with just me and my husband so yes we have room.And the divorce was mutual they both payed half and filed together
2007-10-09 18:47:14 · update #2
It doesn't sound like he has an attorney so that would be my first suggestion. Many woman are losing custody of their children for denying visitation without good cause. Who did she admit the violation too? If this was a trial there should be a transcript that he's entitled to a copy of. Judges don't like when their orders are disregarded so make sure you see the same Judge in Court each time (Most do anyway). You also need to keep a log of each phone call and attempt he makes. This shows that he's desperately trying to see his kids and not just in Court to be vengeful.
Your attorney will know best what to do so it would be worth the consultation fee to find out.
Good Luck
2007-10-09 18:41:50 · answer #1 · answered by Georgia Peach 4 · 1⤊ 0⤋
Laws on this tender issue vary from state to state. I will share my experiences ( I am in PA). First, a custody order is a civil order and can only be upheld/enforced by the court. So, if the ex is not allowing him to see the kids, she is in contempt. Admitting this to the judge ought to be enough to fine her, lock her up, or reverse the order in your husband's favor. Get a lawyer and a good one to tend to this issue. Next, child support does not equal visitation rights. Just because you help feed them, doesnt necessarily give you the right to see them. On the flip side, not making support payments on time does not give the ex the right to withold the kids from him. It doesnt matter what the ex would rather do. She has the burden of proof to prove that he is not fit to spend time with them. If she continues in contempt, that will (with a good lawyer) make a strong case for your husband to take custody as it is always in the best interest of the child to see both parents regularly in the eyes of the law. Good Luck
2007-10-09 18:56:25 · answer #2 · answered by MHnurseC 6 · 1⤊ 0⤋
They are still fighting each other and not thinking about the kid's and the kid's feelings.
The parents are battling who is the best parent and also trying to make the kids side with one or the other. This is called PAS parent alienation syndrome.
These guys need to get focused on what is best for the kid not their vindictive battles which will hurt the kids in the long run.
KIDS HAVE THE RIGHT TO KNOW AND SEE BOTH PARENT EQUALLY. They need to know that both their parent love them. How can they when they aren't allowed to see the other or are forced to choose?
Statistics and real-life situations proof over and over again that kids need and want to be with both parents unless there has been severe abuse.
2007-10-09 18:51:57 · answer #3 · answered by atheleticman_fan 5 · 1⤊ 0⤋
First off...You can't stop paying "child support' just because your not getting the kids. Child support and visitation are TWO seperate issues and if you stop paying, you will look BAD in court and the judge will get upset.
I would sit down with her and talk to her about what you can do.
2007-10-10 05:07:49 · answer #4 · answered by Anonymous · 1⤊ 0⤋
enable the female pass on trip and recover from your self. you're making your baby a pawn interior the continued conflict between you and your ex. 2 wrongs do no longer make a real and if somebody does no longer supply in you're only doing harm on your daughter. you're able to have it slow yet yet lower back that's no longer the tip of the international. you're inflicting only as a lot stress on your baby as you assert your ex is so be the bigger guy or woman and enable this pass rather of forcing your daughter to % between you. She could desire to pass on the trip when you consider that she will attraction to close with dad each time. some human beings right here ought to enhance up and it ain't the youngster.
2016-11-07 20:54:54 · answer #5 · answered by Anonymous · 0⤊ 0⤋
its called get a lawyer who can fight for your husband rights and make the courts enforce the order. but i believe that he can go and pick them up on his weekend and if she doesnt give them to her he can sit there and call the police and show them the court order and they will make her let the kids go with you. but get a lawyer be diligent in protecting and seeing those kids. their mother is selfish and crazy. she dont realize that when they are with dad that that is time for her to let her hair down and party til the cows come home or she can just have some me time without the kids. she needs to get a grip and let that man see he kids. keep fighting : ) GodBless
2007-10-09 18:46:18 · answer #6 · answered by Crystal G 5 · 1⤊ 0⤋
File on Order to Show Cause and request that she be held in contempt, have the child support linked to the contempt order and if she violates the contempt order she looses the child support.
They usually allow visitation if the money is on the line.
I have lots if info on my website Check it out:
http://www.UtahParentsUnderSiege.com/
You can ask me any questions you have and I will help as much as possible.
What ever you do DO NOT just stop paying child support, just because you stop paying it you still owe it and the courts will not hear your arguments as long and you are behind on child support.
Good Luck
2007-10-09 18:45:46 · answer #7 · answered by eric_the_red_101 4 · 1⤊ 0⤋
first of all , don't make any child support payments as long as she refuses to let him see the kids. See a good attorney since there are questions best left to an attorney, such as whether she should be in jail for violating the court order. Depending upon who divorced who and whether you have room, you should consider whether you want to file for custody of the kids but all these options should be discussed with an attorney.
2007-10-09 18:43:55 · answer #8 · answered by Al B 7 · 0⤊ 3⤋
Lets face it, I also rather the dad dun see the kid, but then ...this is our selfish thinking..
Under normal circumstances (ie. dad is not drunk/ abusive), Think again, we are depriving the kids the father's love, in fact isnt it better that they have another person's love, unconditionally?
Yes , i agree it took me a while to digest this & accept it !
Listen to yr kids, are they missing their dad's love? It hurts me when my kid wants to stay on my side but I can tell in his eyes he missed dad.
2007-10-09 18:46:16 · answer #9 · answered by Rootbeer 3 · 1⤊ 1⤋