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  1. #1

    Default Ex-Wife is Refusing to Allow Me Visitation with My Son

    My question involves a child custody case from the State of: TN

    My ex-wife refuses to follow the court order to allow me to see my son. She does not return my calls or texts, and claims he is afraid of me (which is BS from parental alienation) however my son also has been brainwashed and says he doesnt want to see me. The real reason my son doesnt want to see me is I've been too strict on rules for him and he wants to be in his mothers relaxed home with no rules, and he played his mom against me and she fell for it and it's working. If I could see him again I'd be forced to relax the rules and do whatever I could to win him back which is ok with me.

    2 questions:
    1) If I petition for contempt of court for the mother refusing to return my texts and let me see my son, and the judge agrees that I should have been granted visitation all along, how does a judge typically penalize her when finding her in contempt of court over visitation?

    2) if brought into court over this, the mother will tell the judge (thru her attorney) that my son does not want to see me and would suffer mental trauma if he had to see me. This is of course completely fabricated & untrue but she's brainwashing our son to say he's afraid of me. What kind of credible proof does the mother have to provide in order to support her bogus claim?

  2. #2
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    Default Re: Ex-Wife is Refusing to Allow Me Visitation with My Son

    If you have been ignoring the problem for months or years, you should not expect that the court is going to hold her in contempt the very first time you raise the issue with the court.

    If your ex- argues that your son doesn't want to see you, but has not filed a motion to modify parenting time, and the court for some reason lets that argument continue, you can point out that the motion before the court is to enforce the existing order and that there is no motion before the court to modify visitation, and then ask the court to enforce the order. If mom wants to modify the order, she can bring her own motion -- but unless and until the court modifies its order she is expected to obey the order.

    If she's represented and you're not, you should give serious thought to hiring a lawyer, lest you find yourself out of your depths in court. It's easy for an unrepresented parent to get steamrolled, even in cases in which they should have had the upper hand.

  3. #3

    Default Re: Ex-Wife is Refusing to Allow Me Visitation with My Son

    Thanks for the reply. Actually she has filed an order to modify parenting plan through her attorney (which has been answered but hasnt been heard yet by the court). I have hired an attorney too but he doesn't seem to be offering much advice other than scheduling mediation. Her motion includes a request for a temporary restraining order, although there is absolutely no substantiation for the request other than she has a good attorney. I've answered the motion and there isnt a court date set yet. I havent seen my kid 3 months now due to her alienating game.

    So that said, she does not return my calls/emails/texts requesting to see my son. So what would a judge typically slap her with for that?

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