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  1. #1
    Join Date
    Jun 2010
    Posts
    5

    Default Refusing Visitation

    My daughter's mother is refusing visitation this week because I am working. She always holds my work schedule against me. If I am not available to watch our children, they shouldn't be here. When I go to work, my spouse watches them until I come back. Right now she's taking me back to court and I am asking for modification. But meanwhile, what can I do when she refuses to give me the children. I was told to "file contempt" but I have no clue on what's that or how to go about filing it.
    Can someone just please tell me what it is and how I can file it?
    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Refusing Visitation

    As you were told when you posted, laws are different in each state. In some states there will be a court agency that can help you enforce visitation violations. In others you'll need to bring a motion with the court. Given that you're litigating custody and visitation issues, it would make sense for you to be working with a lawyer.

  3. #3
    Join Date
    Jun 2010
    Posts
    5

    Default Re: Refusing Visitation

    I have a lawyer working on it...but now, three thousand dollars later she seems tooo busy to return my phone calls. I feel like she has no longer any interest in my case as she moves forward with her own divorce and other cases. Meanwhile, I just wanted to get this doubt clarified. I live in Florida, and my children and former spouse just a block away from me. At times I had to go with the Sheriff Department to pick up my children. She would only realease them seeing the cops. Now, we back to square one...this is the second time in a month and a half where she is witholding visitation. My agreement states that the children will be with me three nights starting on my first day off every week. However if I get called in to work any time she comes to take the children away or witholds visitation. Now shes using that against me saying that she have the children more time because I have been working and for that she wants more support, off course. (My spouse offers free childcare for our daughter seven days a week and on weekends when she goes out, so I don't know why she cries when I have to work) At least I am not a daddy drinking my ass off while the children are unatended! I am working so I can pay child support and provide for my children in every way they need and I feel as she uses my job to punish me by not allowing me to see them.
    I found a form for civil contempt on line for my state. For future reference, how do I use this? I mean, do I just take it straight to the courthouse or should I always pay an attorney?
    Thanks again

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Refusing Visitation

    So if you're working, Mom is coming to pick up the kids? Instead of leaving them with your wife?

  5. #5
    Join Date
    Jun 2010
    Posts
    5

    Default Re: Refusing Visitation

    Quote Quoting Dogmatique
    View Post
    So if you're working, Mom is coming to pick up the kids? Instead of leaving them with your wife?
    I see your point. Here is mine.
    When mom is at work from 2:0pm till 6:00pm the same "wife" babysits for HER. When mom goes out on a Friday night and I am at work, MOM drops of our children to the same "wife" to babysit. Why does she makes a big deal about my "same wife" watching our same girls when I am at work? I would let it be, except for that fact that knowing I will be home soon she takes them out of town and refuses to return them to me.
    I mean, why am I being punished with not seeing my children the way I can, if the only reason why I work so hard is FOR THEM TO HAVE A BETTER LIFE? I don't take them away from her if she needs to drop them off with the sister or leave them alone.
    As a matter of fact two days ago I was home and my children where in her home, alone. I told her to please bring them over to my house and pick them up after work, she told me she PREFERRED to leave them home alone and it was HER DAY I could not interfere. All that because I didn't buy a $400 dollars to my 12yo.
    Am I really wrong on having that "same" wife during a short period of time while I will be at work?
    If I am wrong, why can she take advantage of the care my wife provides while SHE is AT WORK or OUT?

  6. #6
    Join Date
    Jul 2010
    Posts
    25

    Default Re: Refusing Visitation

    Do you have a court ordered visitation schedule? If not get into court and file for one, I did myself years ago and got it, not hard to do on your own. What you do with your kids on your time is your business as long as you keep them safe. If she denies the visitation schedule, then you file for contempt of court.

    Once you get the court ordered visitation, and she will not give the kids to you that scheduled time I would call the sheriff to respond to the house and you have the court ordered visitation in hand to prove that it is your time to have the kids. Show her you mean business..and if you have to work at times and your new wife is taking care of the kids that is fine. Fight for your time/rights and enforce them!

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