My boyfriend shares 50/50 custody of his son with his ex wife. Now his ex wife is refusing to let his son visit on his appointed nights because their son began showing problems with his attitude at school and at home. She has decided that it's all of our fault because she thinks that her ex-husband style of child rearing isn't up to her expectations. We all wants what is best for this little boy but I believe that what she is doing isn't legal. She can't just up and decide when he is allowed to visit and when he is not - after a judge has ordered that 50% of my boyfriends son time be spent with us. What can we do?
2007-12-12 16:07:57 · 7 answers · asked by mudpuppie_80 4 in Family & Relationships ➔ Marriage & Divorce
it isnt legal. call up a lawyer and he/she will tell you what you have to do. you might have to take her to court.
2007-12-12 16:14:27 · answer #1 · answered by 123456 2 · 0⤊ 0⤋
Several things you can do! When you have that kind of custody, it is written exactly how his time is divided! She has no alternative but to abide by it or she is in contempt of court! This is serious on her part, she can loose her rights to him if you persue it in a court of law! She cannot legally use it as a form of punishment! he needs to contact his attorney and have an emergency hearing with the judge! Actually, if he has the papers and it is his scheduled day and she refuses, you can go as far as to go to the sheriff's department and they will escort you to her house and make her hand him over to her! Depends on How far you want to push it!
2007-12-13 00:57:07 · answer #2 · answered by james h 2 · 0⤊ 0⤋
My Mum and dad divorced when i was seven. Right of custody was often fought between both of my parents. I dont know what its like in your situation but in my circimstance i could not stand my dad- his actoins or his morrals so i begged my mum to not make me visit him on some occations, even though it was the law. Naturally my mum wanted to do what made me happy and comfortable so she would often not let my dad take me to his house. When i was at his house he would leave me to go to parties- the only time he spent time with me in his allocated custody time would be on the car journey to his house, which was an hour. I am now 17 and i cant say how much i apreciate my mum sticking by me. i know what she did was not 'legal' but she made a lot of sacrifices for my happiness.
So i guess what i am saying is listen to the child; its his future and you as adults are there to nurture and direct him to bigger and better things. It does not truely matter what the mothers expectations are but what is the right thing to do.
2007-12-13 00:41:24 · answer #3 · answered by Eloise anne 1 · 0⤊ 0⤋
on his nights and times and days he needs to bring a copy of the court order and have the police dept phone number handy. until there are new orders signed by the judge he has his rights if she refuses then simply call the cops and they will asset him. unless she can prove without a doubt that he will harm the child in some way. anothing if this contouines file contempt of court charges on her and take her to court
2007-12-13 01:16:31 · answer #4 · answered by sunshine 2 · 0⤊ 0⤋
See a lawyer. I mean no offense, but none of us can make a judgement based on your statement alone. As you said, do what is best for the boy. Hopefully he can have a reasonably good relationship with both parents and you. I wish all 4 of you well.
2007-12-13 00:29:40 · answer #5 · answered by hamrrfan 7 · 0⤊ 0⤋
sorry but looks like you are going back to court. She is in contempt for not following a court order.
2007-12-13 00:26:10 · answer #6 · answered by do 2 · 0⤊ 0⤋
you need to file a complaint to find her in contempt of court. Talk to your lawyer they will be able to move things along a lot faster.
2007-12-13 00:14:38 · answer #7 · answered by Anonymous · 0⤊ 0⤋