Remedies for Denial of Visitation
My question involves a child custody case from the State of: NY
If a mother denies a father ongoing of his visitation besides filing a violation, what can be done? Currently mom has kept daughter from dad for 4 of his weeks. Their visitation is every other week and they both have physical and legal custody 50/50. Mother has relocated child to a neiboring county and has enrolled her in school there. Grandmother has been calling the county sherrif (where child has been relocated), child protective services, and the courts in that county. Father has not had part in any of these actions. Father filed a violation but didn't serve mom papers (he doesn't know her physical address) so will not actually go to court Monday when this issue is supposed to be handled. Otherwise dad sends one text on the day he's supposed to get daughter and otherwise has no other attempts to get her. Does grandmother have the power to track mom down like that to get child?
Re: Remedies for Denial of Visitation
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Wickedsm85
My question involves a child custody case from the State of: NY
If a mother denies a father ongoing of his visitation besides filing a violation, what can be done? Currently mom has kept daughter from dad for 4 of his weeks. Their visitation is every other week and they both have physical and legal custody 50/50. Mother has relocated child to a neiboring county and has enrolled her in school there. Grandmother has been calling the county sherrif (where child has been relocated), child protective services, and the courts in that county. Father has not had part in any of these actions. Father filed a violation but didn't serve mom papers (he doesn't know her physical address) so will not actually go to court Monday when this issue is supposed to be handled. Otherwise dad sends one text on the day he's supposed to get daughter and otherwise has no other attempts to get her. Does grandmother have the power to track mom down like that to get child?
Grandma is not helping the situation. Frivolous calls to the sheriff and false complaints to CPS will only hurt dad in court, if he ever decides to get his act together. Also, the general situation has already been discussed thoroughly on your other threads.
Re: Remedies for Denial of Visitation
If Dad cannot or will not do anything himself, nobody else can do it for him. She has absolutely NO right to get the child herself. Why on earth is Grandma doing all of this anyway?
She called CPS for....why?
If I remember without checking, you're the actually very nice stepmom who's frustrated as all hell because Dad won't do anything. Can I offer you a bit more advice? Tell grandma she REALLY needs to knock it off. She's <this> far from making her son's life an absolute hell. She doesn't get to call CPS, she doesn't get to call the sheriff, she doesn't get to call the courts - this is absolutely and 100% not her legal matter.
Unless she wants it to become her legal matter in the shape of Mom filing - and obtaining - a restraining order against her and having the court specifically exclude her from being around the child.
Re: Remedies for Denial of Visitation
Dad obviously doesn't care too much that he's not being afforded his visitation if that's all he's done and I hope this isn't his mother meddling in grown folks' business
Re: Remedies for Denial of Visitation
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Dogmatique
If Dad cannot or will not do anything himself, nobody else can do it for him. She has absolutely NO right to get the child herself. Why on earth is Grandma doing all of this anyway?
She called CPS for....why?
If I remember without checking, you're the actually very nice stepmom who's frustrated as all hell because Dad won't do anything. Can I offer you a bit more advice? Tell grandma she REALLY needs to knock it off. She's <this> far from making her son's life an absolute hell. She doesn't get to call CPS, she doesn't get to call the sheriff, she doesn't get to call the courts - this is absolutely and 100% not her legal matter.
Unless she wants it to become her legal matter in the shape of Mom filing - and obtaining - a restraining order against her and having the court specifically exclude her from being around the child.
Thanks Dogmatique! Grandma actually went driving all over the city she knew child was moved to looking for her granddaughter (and took dad's oldest daughter with her) Grandma wants child for herself, so she's taken all these actions upon herself and basically "sign on he dotted line" is the role she gives to dad. Can her actions have any negative impact on dad at all if he was to follow through and go to court? Or the more time that passes without him actually showing up in court? Dad basically is letting his mommy do all his footwork but still doesn't follow through. Sorry for the second thread and thanks. I don't know where else to go with all of my questions.
Re: Remedies for Denial of Visitation
I'm assuming it's his Mom, yeah.
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Wickedsm85
Thanks Dogmatique! Grandma actually went driving all over the city she knew child was moved to looking for her granddaughter (and took dad's oldest daughter with her) Grandma wants child for herself, so she's taken all these actions upon herself and basically "sign on he dotted line" is the role she gives to dad. Can her actions have any negative impact on dad at all if he was to follow through and go to court? Or the more time that passes without him actually showing up in court? Dad basically is letting his mommy do all his footwork but still doesn't follow through. Sorry for the second thread and thanks. I don't know where else to go with all of my questions.
Oh for the love ... you know, I'm less worried about him than about you. I know you're married, I know you chose to be married and all that goes along with it, but seriously - I'd be rethinking my role in the marriage. He's not even respecting himself - if he can't do that, you're going to end up raising a man-child.
Lest this ever be questioned, you're obviously the only grown-up in that whole 3-way marriage
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Sorry I didn't actually answer your question.
Yeah it can cause him a world of hurt. Mom's going to be talking about him getting his mother to stalk her, make false CPS reports, the whole she-bang. So...when he's asked, he has a choice. Does he throw Grandma under the bus, or does he take the flak himself?