Results 1 to 9 of 9
  1. #1

    Default Is Denial of Visitation Enough to File for "Change of Custody"

    My question involves a child custody case from the State of: OHIO
    we have shared parenting 6 y/o son
    father is residential parent for school purposes, we live 1 hour apart, we meet halfway for all visits (so about 30 min. driving a piece) order went into effect september 2010 - also i am UP TO DATE on my child support for him - and he has one contempt on him from 2010 for not giving me my childs day care information and not picking child up on time- he was found guilty

    he allowed me my regular visits scheduled and holidays
    The Problem- our agreement states specifically "1 OR 2 weekday evenings from 6pm-9pm" every time I ask his father he says no or he cant afford gas to meet me, i let it slide, however this is a new school year and i really value any time i get with my son and its important to me, i love my son dearly, hes my everything-
    I have wrote a letter to his father stating we need to work something out or I will take further action- I have NOT mailed it yet (its suposed to be certified from what a lawyer tells me) I plan on sending it out tomorrow-
    my question is this- Can he be held in contempt for not letting me have him on these days sense they ARE in the court order? (and if Yes- how many denials would i want to record before filing a motion on contempt)
    Also would this be enough for me to file for "change of custody" in court?

    I appreciate everyone who takes the time to answer my question or if you have went through something similar, I just want what best for my child, and I want to take advantage of ALL parenting time alloted
    thanks

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Father Denying Me Visitation- is This Enough to File "Change of Custody"

    Your order is vague enough that it might be difficult to hold Dad in contempt.

    You may need to go back to court and SPECIFY which weekday evenings are yours. It's highly unlikely the court would entertain a motion to change custody at this point.

  3. #3

    Default Re: Father Denying Me Visitation- is This Enough to File "Change of Custody"

    i would like to add that i have told him multiple times i would be willing to meet ANY day of the week, and if the time is bad ordered from 6-9pm i would do 5-8 or 4-7 i have wrote him a certified letter stating ill do any day and time as long as its 3 hours
    does that matter at all?

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

    Default Re: Father Denying Me Visitation- is This Enough to File "Change of Custody"

    Not really. I'd go back to court if I were you and redo your parenting plan, this time including specific days and times. It's possible that if you file for contempt the judge will agree with you - but I can see it going either way, to be honest.

  5. #5

    Default Re: Father Denying Me Visitation- is This Enough to File "Change of Custody"

    i appreciate it, i am going it alone which i did last time when he was found guilty in contempt as listed above... wasnt so bad
    but yes i am debating and reading everything i can until i make my decision, i am tired of this whole court process all together, if youve been there you know what im talking about, i appreciate your advice , thanks again

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Father Denying Me Visitation- is This Enough to File "Change of Custody"

    Keep coming back if you have more questions.



    Oh with regards to the parenting plan? Make sure it specifies who is responsible for pick up and drop off and get the times set firmly in place.

  7. #7

    Default Re: Father Denying Me Visitation- is This Enough to File "Change of Custody"

    i sent father a certified letter stating i wanted my son 2 night per week or I was going back to court, he did agree on the 7th to let me have my son every weekend, and if he wanted a certain weekend he would let me know one week in advance and i would get my son that tues. and wed. of that week from 6-9pm. so im glad it worked out this way, i just hope he will follow the schedules he agreed to, he did write this out for me. trying to work things out first always sounds better but doesnt always work , im going to stay optimistic about the new schedule

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Father Denying Me Visitation- is This Enough to File "Change of Custody"

    I still you're much better off going to court.

    It doesn't have to be adversarial - simply type up a parenting plan that Dad agrees to, and then you can BOTH file it as a stipulated agreement. The judge will sign off on it and it then becomes an enforceable order.

    Court orders actually protect ALL of you.

  9. #9
    Join Date
    Sep 2009
    Posts
    424

    Default Re: Father Denying Me Visitation- is This Enough to File "Change of Custody"

    Since dad is willing to agree, file it as a stipulated agreement with the court.

    1. Sponsored Links
       

Similar Threads

  1. Eviction Process: Oral Lease With No Money Paid nor Proof of Residency. Can I "Evict" This "Tenant"
    By trashyvocabmom in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 11-19-2010, 04:24 AM
  2. Denial & Appeals: What's "Good Cause" for Denial of Unemployment
    By Papermate922 in forum Employment and Labor
    Replies: 11
    Last Post: 08-27-2009, 12:03 AM
  3. Divorce: How Can I "Force" My Spouse to File His Divorce Papers
    By 32Leaves in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 03-16-2009, 09:41 AM
  4. Repossession: Finance Company: "Your File Was Sent Back to Dealership"
    By erica1018 in forum Cars and Dealerships
    Replies: 1
    Last Post: 08-19-2007, 09:09 PM
  5. Arrest Warrants: "File as Felony Warrant" shows online, but no info? confused :(
    By toyotafiend in forum Criminal Procedure
    Replies: 2
    Last Post: 10-18-2006, 11:31 AM
 
 
Sponsored Links

Legal Help, Information and Resources