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  1. #1
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Prevented From Exercising Visitation

    OK, thank you.

    How many times have you actually turned up at Dad's house to get your daughter? Have you ever filed contempt?

    How many times have you requested the records from the school?

  2. #2
    Join Date
    Jan 2011
    Location
    MISSOURI
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    42

    Default Re: Prevented From Exercising Visitation

    Can she call the cops if she makes an attempt to pick up child (within the custody agreement guidelines) and he refuses? Would that be kidnapping or something along those lines?
    (not saying you should do that babyjulie I know its what I would though lol)

    Has he ever given you a reason for whitholding your child from you?

  3. #3
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    Apr 2009
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    Default Re: Prevented From Exercising Visitation

    Quote Quoting singlemom87
    View Post
    Can she call the cops if she makes an attempt to pick up child (within the custody agreement guidelines) and he refuses? Would that be kidnapping or something along those lines?
    (not saying you should do that babyjulie I know its what I would though lol)

    Has he ever given you a reason for whitholding your child from you?

    Would you send your 6 year old - who hasn't seen the other parent in FOUR YEARS - to visit with a virtual stranger? Really? I sure as heck wouldn't. I very, very rarely suggest or advocate going against a court order but in this situation, you bet your bottom dollar I would do so.

    Legally, it is not kidnapping by ANY means. It doesn't even come close to kidnapping.

    Legally, if Mom actually turned up on Dad's doorstep and refused visitation he IS technically in contempt - but I find it highly unlikely that he'd get reprimanded for that given the situation.

    That's why I advised Mom to file for a new visitation order. Her and kiddo need to be reintroduced to each other over a period of time. We have got to think of the child here - this isn't really about Mom or Dad. It's about the child. While kiddo has the right to both parents, after being absent most of her young life as Mom has she (kiddo) deserves some time to adjust.

    With regards to why Dad is withholding the child...I'm not convinced that he actually is withholding the child. Mom doesn't appear to have done much to actually go and visit - but that's why I asked the question

  4. #4
    Join Date
    Feb 2011
    Location
    NC
    Posts
    7

    Default Re: Prevented From Exercising Visitation

    Well you know I'm not sure what To do in the situation really. I'm not saying I have done nothing to see her . I don't know my rights. As her mother. And I've done everything but try to show up at his door step cause guess what don't know where that is at the time. And as far as the school records dont even know how to go about getting them eather. But I have consulted an attorney and I know I have rights as a mother. Also, no I wouldn't send a child of with a stranger cause I know to her I am one. And I know this isn't going to be an easy process with her. Going to the cops well really never thought about that one going and just picking her up yeah would if I knew where. But I know I'm a mother whom is longing to see her daughter. And I will do what it takes to see her. Not going to say I was perfect but never been to jail nor convicted of a crime. Honestly I'm hurt that there aren't more help out there for women in my shoes. You know they call it momma dramma. Well what about daddy drama and what they put the mother's threw is that truely fair really at all? Expecially when the mother is a respective and good hearted person. If you want to where I have been walk a mile in my shoes bet you would be standing.

  5. #5
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Prevented From Exercising Visitation

    The police likely wouldn't get involved - period. This is a civil matter, not criminal.

    And please don't assume that nobody else has gone through a similar situation.

    The basic truth is that you've gone four years without seeing your daughter - you're not going to be able to simply turn up and get her tomorrow.

    Think of HER.

    Not YOU.

    HER.

    By all means, hire that attorney and listen to what s/he says.

    Good luck.

  6. #6
    Join Date
    Feb 2011
    Location
    NC
    Posts
    7

    Default Re: Prevented From Exercising Visitation

    Oh I am thinking of her. I'm not going to put anything on her. She is. Whom I'm thinking of everyday. And I will take baby steps i wasn't born yesterday and I know no judge in there right mind would say OK you can take her home for a weekend. I will Have no choice but to start small. And thatsthe plan really cause I have 3 other children at home to think about too as well but thanks for all the info. Have a good one

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    Default Re: Prevented From Exercising Visitation

    One more thing - you'll have to file in TN where Dad and kiddo live.

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