Any advise or information on how to proceed when custodial parent (mother) violates court ordered visitation rights to non-custodial parent (father).
And the story goes: Boyfriend and girlfriend have a child together - they break up. Mother of child is still bitter after 4 yrs. They went to court for child support and she was awarded about $500 less than what she and attorney petitioned for. This caused more bitterness. Prior to the child support court date; her tactic when she couldn't have her way was to deny the father to see his child. The paternal grandparents babysit the child for the most part - at the request of the mother and the father. No funds are paid to them [paternal grandparents] nor or funds requested. Hence the child spends most of the time with the granny's. In other words when the mother doesn't want to pay daycare for the week she drops the child off @ the granny's home for weeks at a time. The father finds out and just takes advantage of seeing the child.
Well the court ordered visitation rights to the father for the 1,3,5 weekend of the month and every other holiday. The mother has to inform the father if she takes the child away for so many miles and vice verse and they both have to be in aggreeance with the travels.
Now father has a 'new' girlfriend and mother started a new wave of foolishness. Now father can't see child per the mother and purposely misses the visition date. The first instance they met at the mutually aggreed location and she saw new girlfriend and two-wheeled motion away in her car and started screaming you will never see your child again and you are letting that B come into b/t you seeing your child. Two sherriffs witness this madness. The father files a police report for all instances and has a court date set to present this to the judge. Will this force her to abide by the visitation order.
Another issue: the mother had an attorney during the child support mediation and now the attorney sends the father threatenting letters that he and his client are persuing actions to forfeit his visitation rights??? No grounds to do so just conversations from estranged ex girlfriend that she doesn't want him to see the child anymore!
Is this even possible???
The mother had housing arrangments under the father's name b/c she couldn't get approved for an aprtment or house so the court ordered the father to continue to keep his name on the lease and she would pay the rent. In the event she decided to move, she was ordered to advise him well in advance so he could put a notice in to the leasing manager. A month after the court proceedings she decided to move out of the apartment and not tell him so he was left with paying the rent on an empty apartment until the 60 day notification was satisfied. Can this be rectified and funds collected for not abiding by the order?
She refuses to tell the father where she lives - he only wanted to know for the sake of his child.
She leaves voicemails on his phone stating that the child says it hates him and "can't understand why my daddy doesn't want me" [after the mother denies the father visitation]. Trying to figure why hate is in the childs vocab!
She also leaves messages stating that she is dating someone that is madly in love with her and they are looking to get married. Then she calls back to say that she and the child are moving far away. Then she says I know it may sound like a double standard but I dont want my child around your girlfriend but she will be around my boyfriend.
I think the judge will laugh at all the stupid/embarrassing acts but the father does not have an attorney. Is this worth getting an attorney with the paper trail built from the police reports and sheriff/ local police witnessing her violating the visitation rights and hearing her on the phone screaming that she is not meeting with him to exchange the child? Or could he walk in head strong to have her arrested (for the violation) and order her to get counseling? She feels she is above the law!
She claims that her environment is so settled for the child but she has asked the paternal grandparents to take custody- but fights the father for any custody.
What can be done to resolve the tangibles of this isssues for the child's sake!