Advise on visitation rights?
I love my step-daughter very much, but her mother (my husbands ex) is very frustrating when it comes to allowing us to see her on the weekends. Her mom makes plans for her on the weekends without consulting us first, and then it becomes over a month that we cant pick her up. He is allowed by court to pick her up on weekends. What can we do??
Answer:
First of all, there is no "us" or "we" in this situation. She is your husband's daughter, and, as far as the court is concerned, you're a legal stranger. DON'T go to court and use the words "we" or "us". It could tick off the judge. (I don't mean this to be harsh. It's just reality, and you don't want to irritate the judge. You may love her, but you're still not party to the custody and visitation agreement under the law.)
Every time mom refuses to allow dad to have his daughter on his court-ordered visitation time, he needs to keep a record of it. He should then file Contempt of Court on mom on each and every occasion. Mom will then have to explain to the judge why she is keeping dad from having a relationship with his daughter.
Does the court order for visitation specify what time he gets his daughter, how he is to get her (does he pick up or does mom drop off), and where the custody switch is to occur?
He needs to send mom a letter stating that he intends to exercise his visitation on every date he is entitled to have visitation. In the letter, he needs to repeat the language in the court order which specifies the above information, and state that he will expect his daughter to be available to him as ordered by the court.
As soon as mom refuses to turn over daughter, she is in contempt. As soon as possible, he needs to file contempt. This needs to be filed in the court where the child custody was established.
Courts don't look kindly on a parent who tries to alienate the child from the other parent.
Good luck! I hope your husband (and you) have lots of wonderful visits once mom realizes that she has to follow the court orders.
Ask the court for an enforcement order to enforce the child custody decree.
Go back to court, she can't do that if the court decided he has weekends. Get a court ruling and she will have to obey or be in trouble.
If there is a court order for visitation, get a police officer to go with you to pick her up. If she refuses to let her go, she will be in violation of the order and can be arrested.
Move the court to modify visitation.
or
Move the court to change custody.
It appears that the mother is dealing with some other issues (which is a common practice in cases like this one). I t maybe that mom's goal is to push dad into looking like the bad guy. So, if dad has legal visitation rights and if he is doing what he is suppose to do, then I would take legal action immediately.
Remember, there is one common piece to the puzzle,the child.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Questions and Answers: