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  1. #1
    Join Date
    Dec 2019
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    1

    Default Non Custodial Parent Not Abiding by Court Order

    My question involves a child custody case from the State of: AL
    I am the Grandparent that has full legal custody of grandchild since birth.
    The mother gave her rights up as she was not able to take care of the child, the father pulled a last ditch effort in court to get full custody but was granted Strict supervised visits with his grandmother being the supervisor of those visits.
    At the time the father lived with her and the order stated all visits are to be at her home only. The father was kicked out of her house last year for violence to his brother, since then the father has Married and gotten a job but we still have problems with them keeping the Visits he is on the States Visitation 1st and 3rd weekend, and Holidays rotating in odd and even years. We have several problems with times we have requested a change or switch that they refuse, being told that they do not care about us our plans or anything and we have to
    go by the court order. The Grandmother however goes off for months at a time and does not tell us when they are coming back until the last minute I mean out of state. So if I make plans I have to cancel at the last minute Including Birthday party for the child as it took 21 days for them to answer my msg as to when she was returning. We have on several occasions helped them out by changing to accomadate them.
    The father is to pay child support but he does not pay hardly at all, stating his legal fines and probation are eating up his income.
    Trying to keep the peace but they make it hard. Any suggestions on how to enforce things, he has not met any guidelines set forth by the judge to get custody yet he threathens all the time to take us court if we remind him of his obligations.

  2. #2
    Join Date
    Oct 2016
    Posts
    3,992

    Default Re: Non Custodial Parent Not Abiding by Court Order

    Most of what I loosely call a paragraph makes no sense because it sounds like there are at least two grandparents mentioned in the post.

    The grandmother can come and go as she pleases. It just means the father can't visit when she isn't there.

    If child support is not being paid you need to contact the court and when you do I suggest you have the state child support enforcement unit become the payee for the father's payments and not you.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,197

    Default Re: Non Custodial Parent Not Abiding by Court Order

    Quote Quoting baleihara
    View Post
    My question involves a child custody case from the State of: AL
    I am the Grandparent that has full legal custody of grandchild since birth.
    The mother gave her rights up as she was not able to take care of the child, the father pulled a last ditch effort in court to get full custody but was granted Strict supervised visits with his grandmother being the supervisor of those visits.
    At the time the father lived with her and the order stated all visits are to be at her home only. The father was kicked out of her house last year for violence to his brother, since then the father has Married and gotten a job but we still have problems with them keeping the Visits he is on the States Visitation 1st and 3rd weekend, and Holidays rotating in odd and even years. We have several problems with times we have requested a change or switch that they refuse, being told that they do not care about us our plans or anything and we have to
    go by the court order. The Grandmother however goes off for months at a time and does not tell us when they are coming back until the last minute I mean out of state. So if I make plans I have to cancel at the last minute Including Birthday party for the child as it took 21 days for them to answer my msg as to when she was returning. We have on several occasions helped them out by changing to accomadate them.
    The father is to pay child support but he does not pay hardly at all, stating his legal fines and probation are eating up his income.
    Trying to keep the peace but they make it hard. Any suggestions on how to enforce things, he has not met any guidelines set forth by the judge to get custody yet he threathens all the time to take us court if we remind him of his obligations.
    I am a little confused by your wording. Are you trying to say that the other grandmother goes off for months at a time and therefore dad cannot visit while she is gone, as she is the supervisor, or are you saying that dad is visiting without supervision when grandma is gone?

    If dad is not visiting while grandma is gone then dad is not disobeying that part of the order. If dad will not accommodate changes when you need them, then you need to stop accommodating dad when he needs changes as well.

    As long as I have not misunderstood anything, it appears that the only thing that dad is actually doing, that is legally wrong, is not paying his child support. You can take him to court for contempt for that, if you like. He is probably right though that his legal fines and probation costs are eating up his income.

    His threats to take you to court are just that, threats. He knows that he hasn't done anything that he was required to do to get custody.

  4. #4
    Join Date
    Feb 2014
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    RTR/WDE
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    Default Re: Non Custodial Parent Not Abiding by Court Order

    Go to this website: http://www.dhr.state.al.us/services/...forcement.aspx
    DHR will assist in enforcing the support order.

    As far as following the visitation (Alabama does not have any kind of standard visitation orders, though some counties' courts have established their own), I would suggest contacting the attorney who helped you set up the custody that you have and speaking with them about what can be done as far as the visitation orders not being followed.
    Don't make me quote Monty Python at you.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Non Custodial Parent Not Abiding by Court Order

    You cannot force the father to exercise his visitation periods. You do need to have the child available at least at the beginning of each visitation period. I haven’t checked if your state allows you to refuse all of a given period if the exchange isn’t made at the beginning of the period. I know of one state that imposes such a rule.

  6. #6
    Join Date
    Feb 2014
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    RTR/WDE
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    1,724

    Default Re: Non Custodial Parent Not Abiding by Court Order

    Quote Quoting jk
    View Post
    You cannot force the father to exercise his visitation periods. You do need to have the child available at least at the beginning of each visitation period. I havenít checked if your state allows you to refuse all of a given period if the exchange isnít made at the beginning of the period. I know of one state that imposes such a rule.
    Alabama does not have any kind of standard visitation orders, though some counties' courts have established their own. The only thing required by law in Alabama in custody orders is the inclusion of how move-aways work. The rest is up to what the parents can negotiate in court/between themselves or what the judge orders.
    Don't make me quote Monty Python at you.

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