How to Get Visitation Going Again

[armapowe]

My question involves a child custody case from the State of: Florida

My son has visitation rights by court order, but his ex does not let him see his girls. He is behind on his child support and has lost his driver's license from being so far behind. He is a wreck emotionally from his ex poisoning his girls against him. He has had a very hard time working, focusing on anything...very depressed. He hasn't seen the girls since about January of this year. His ex is pressing him to give up the girls so her husband can adopt them. He has no money. He wants to fight to see his girls but doesn't know what to do. Help.

[Dogmatique]

He needs to consider filing for contempt each and every time his ex refuses court-ordered visitation.

Does he actually turn up at his ex's house and she refuses?

Why is he behind on the CS?

[mom85]

If he could pay any ammount into child support that will be great even if it is $20.00 a week or a month something is something in the eye's of the court he needs to try it is for his daughter!!

Yes file contempt papers every time he shows up to get his daughter (some times the police will go if she says no and he calls if they are not busy they can atlest come out and make a report of what happened will help in court)

ALSO- child support and visitation are TWO different things he can take the visitation thing back to court even with being behind on support! But he can also be sent to jail for not paying his child support at all the courts view child support as one of the #1 bills to be paid first so when he doesn't pay anything they will view that bad if mom takes him to court for that so if you could help him even pay $20.00 a month that would be great! Also if he does not have a job he can go back to court to get child support lowered if wont be taken away but lowered (if his daughter is no longer in daycare that will also lower the cost) but this is different then visitation! He can get it back going but he will need to step up and file with the court she can also be sent to jail after so many times of refussing the visitation good luck

[armapowe]

He is behind because he is depressed and has a very hard time focusing, and doesn't seem have ability to work a "normal" job. He has ADD in adults, but can't afford the meds. He picks up odd jobs fixing computers as much as he can, but it pays very little (about $10/hour when he is working). He demonstrates autistic characteristics but was never examined for it. He can't defend himself verbally without getting emotionally upset to where he shakes.

He is behind because he is depressed and has a very hard time focusing, and doesn't seem have ability to work a "normal" job. He has ADD in adults, but can't afford the meds. He picks up odd jobs fixing computers as much as he can, but it pays very little (about $10/hour when he is working). He demonstrates autistic characteristics but was never examined for it. He can't defend himself verbally without getting emotionally upset to where he shakes.

[Dogmatique]

If he is unable to work he should consider filing for disability.

Otherwise, the arrears are going to keep building up. He already lost his license...he can have his assets attached, be garnished, and even end up in jail.

Now, has he been actually turning up at his ex's house to pick up kiddo?

[armapowe]

He always called first before he'd go there. His ex is a real bitch and so he does not like the conflict in front of the children. He started out wanting "what is best for the children" and let her manipulate the children and every situation to make him look like a deadbeat looser. Now he sees that he should have demanded his rights in spite of her nasty disposition in front of the children. She is demanding that my son allow her husband to adopt the kids or she will put him in jail for lack of support.

[Dogmatique]

She can't blackmail him, but she does have a point. Jail may well be on the horizon but she won't be the one to decide that.

As far as filing for contempt, he generally needs to actually turn up in person, not just call. At least if he turns up and she refuses, he can file a report with the police and this will document the attempt. Otherwise Mom can easily say "He never bothers to turn up".

[armapowe]

One of the children developed a very serious physical condition that potentially could have caused one of her eyes to be blind. The former wife refused to notify my son, refused to give the date of the operation, or the hospital the child was admitted to. Also, my son informes me that he has indeed showed up at the house several times to get the kids, but was turned away. The former wife says things like... they have a party to go to and they don't want to go with you so just leave.

[Dogmatique]

One of the children developed a very serious physical condition that potentially could have caused one of her eyes to be blind. The former wife refused to notify my son, refused to give the date of the operation, or the hospital the child was admitted to. Also, my son informes me that he has indeed showed up at the house several times to get the kids, but was turned away. The former wife says things like... they have a party to go to and they don't want to go with you so just leave.

As we've said, he needs to basically get off his butt and be proactive about visitation.