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If a parent has visitation rights, from a judge, and the mother is not letting me see my son, what do I do?
I have it in writing froma judge 2 pm Saturday - 6 pm Sunday
The childs Mother and I have been having issues for the last week or so and I call her to tell her I would be there at 2 and she tells me she is out of town
We were never married, but a court said I have this time to pick up my son and bring him home, etc
She has called Department of Children and Families last week and made several false claims that the worker have found false and says I should keep doing what I am doing
What do I do?
Do I go to the house and call the police and show him the papers?
Any adivice please help

2007-11-03 09:45:59 · 18 answers · asked by Zae Boogie 2 in Pregnancy & Parenting Parenting

18 answers

I have been goingv through the same thing. do you have a lawyer? get one if not. keep a journal with all the specif days and times your visitation were denied. your lawyer will file a contempt of court petition. we did one a year ago, based on 20 violattions, wife got a warning. did another 2 months ago based on 25 violations, and the judgesentenced her to 10 days in jail. since she got out, there have been zero violations!

2007-11-05 03:47:44 · answer #1 · answered by Anonymous · 1 0

Here is the problem with calling the police: Many police departments will not get involved in what they call a civil matter. I have seen numerous times, where the police were called due to the mother not allowing visitation, and the police have told the father that they can't do anything but make a report and that he will have to take her back to court. I finally asked a police officer in my area one time why they won't get involved and he said that you never know why a mother will not let a child go on a visitation. She might know that the father has a bad habit of drinking and driving with the child in the car and just can't get solid proof of it. And if they forced her to let the child go, and then the father ended up getting drunk, wrecking his car, and hurting or killing the child, they could be held liable for forcing the mother to let him go. He said it would be the same if the mother suspected the father was molesting the child and the police forced her to let the chld go anyways and the father molested the child that very weekend. He just said that it puts the police department in a very difficult situation and they would rather not get involved. So I don't see you getting a police department to do much for you.

What you need to do is contact a lawyer, or find out how to do it yourself and file a motion of contempt against her. Now, I have seen fathers do this, and the mother basically got a slap on the wrist the first time, and didn't get in any real trouble unless she kept doing it. Many states have an organization called Fathers for Equal Rights, and they are there to help with situations like yours. You should try to find out if you have one like this in your area.

I would make sure that you have proof of her refusing your rights. It doesn't matter if she wants to go out of town. If it is your weekend and she knows it is, then it is her responsibility to make sure that you have acess to the child on this weekend. My husbands ex pulls this same "out of town" crap with him and it makes me so mad. I would never try this mess with my ex, because it isn't right and it is against the law. Problem is, you have to get the order enforced and that usually has to be done in court. And costs you money that you shouldn't have to spend.

2007-11-03 10:03:08 · answer #2 · answered by Pink Cowgirl 4 · 1 1

You touch pal of the court, or the court the place the decide is who made the visitation order and tell them it extremely is not occurring. regardless of in the event that they might desire to create a plan for the flow of the newborn from one make sure to a distinctive, a court order is a court order. If the mummy is in violation of the order you do no longer % to do some thing which will disrupt the existence of your son or daughter, yet you do would desire to request a listening to, because of the fact in case you wait too long the court will ask your self why it is which you probably did no longer pursue the venture with extra zeal. additionally, if certainly there is a few rationalization for the mothers difficulty, the court would desire to evaluate the terrific interest (and protection) of the newborn and the make sure.

2016-09-28 06:41:07 · answer #3 · answered by ? 4 · 0 0

I don't think that the police can do anything really. Besides it may be harder on your son. You could call a lawyer but this option is dependent on your financial standing. If you pay child support, you could call the Department of Human Services and complain. My suggestion is to go to the county courthouse where the visitation was ordered. I would go to the District Attorney's office and tell them what is going on and ask them what your options are. Each state is different but they can tell you if there is anything legal you can do that doesn't involve having to go to court. I would definitly tell her that you will be there at 2 and bring a family member, your mother, sister, brother, and be there at 2 like you said. Dont call her, dont make threats or get into it with her. MOST DEFINITELY do not ever let your boy see anything between the two of you. Hope this helps and good luck.

2007-11-03 09:55:28 · answer #4 · answered by Judy N. 1 · 1 2

Yes, call the police and call the judge's office to issue an arrest warrant.

Failure to comply with a court order is a crime and your wife can be forced to comply, even if that means she has to be arrested in another county and transferred to your county so you can see your child. In that case Child Protective Services (Department of Children and Families) will probably take the child and put them into your custody until she is released from jail.

You have rights and that degree from the judge proves it, you cannot be denied those rights; to do so is illegal and she can go to jail for it.

2007-11-03 09:51:16 · answer #5 · answered by Dan S 7 · 1 1

Go back to the judge that issued the visitation order. The child's mother can be found in contempt of court for not letting you see your child. Since the judge order the visitation rights to you she must comply or she is in contempt of court and can find herself in jail.

2007-11-03 15:33:26 · answer #6 · answered by Mel M 3 · 0 0

I would strongly suggest you get your papers with the judges orders go to her house with the court order and call the police, SHOWING the police the court order that the judge appointed you for visitation rights to your child. Yes, go to her house, call the police and show them the papers. She will get into a lot of trouble not letting you see your kid if she doesn't let you on the days you are allowed to see your child.

Keep track of the days she doesn't allow you to see your child. Make note of it, tell your lawyer and tell the judge. Get a peace officer. To keep the peace between you and your ex in case there is a confrontation about it.

2007-11-03 09:58:10 · answer #7 · answered by Anonymous · 0 2

I am going to assume through all this you have a lawyer. If so call him or her. They will be able to assist you better. If not get in contact with the judge. Exactly what you do has alot to do with the state and city you live in. But I think if you have a court order, you may need to call your local police station (not 911 call information for the number to the actual station) and set up a police escort.

2007-11-03 09:49:55 · answer #8 · answered by evil_kandykid 5 · 1 1

Yes, you can call the police. And you can go back to the courts, and let the judge know she's defying court orders. She won't like being held in contempt of court, for sure.

2007-11-03 10:11:51 · answer #9 · answered by ~Biz~ 6 · 0 1

I'm not actually sure, but you could try just calling the police and asking a policeman, most probably have some experience and could get you to the next step. In the end she ends up with contempt of court charges though. But this is why you don't have kids with people you aren't married to.

2007-11-03 10:12:23 · answer #10 · answered by The Scorpion 6 · 0 2

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