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Author Topic: Should file for a enforcement or custody?  (Read 2479 times)

shellcode

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Should file for a enforcement or custody?
« on: Aug 29, 2013, 05:49:05 PM »
We have a 7 year old daughter, i have every other weekend visit and 2 weeks alternating in the summer, and we share joint legal custody while the mother having physical custody.The mother had violated visits in the past, in which i was awarded make-up time, now my court order state, "alternating 2 weeks with child, but it didn't include a time, so today is my visit with my daughter, and she know is my time, she on vacation in Pa, and i don;t when she will be back, can she be charged with kidnapping? and should i file a police report? because i have a court date coming in Sep 9, she file a petition excusing me of false accusation of neglect, and wants to take her away from me, and she wants to file full custody with me having limit visits? what can i do?

Im plan to to get more visit with my daughter on school days, since we close by to each other.... i believe having more time is reasonable


ocean

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Re: Should file for a enforcement or custody?
« Reply #1 on: Aug 30, 2013, 08:14:59 AM »
What is mom saying about today's pick up?
Text her "Today is our exchange day, what time will xx be available for pick up?" This way you have proof you tried.

If she refuses to answer you, file a police report to prove you tried. File contempt of court tomorrow.

In court, get times included. If you are going to be dealing with picking child up from school for visitation that has to be VERY clear. "child will be release to father or person father appointed every thursday from dismissal at school, front office. On days child does not have school, father will pick up from xx at xx times"

Also, in contempt papers, you will ask for specific times, get child from school on your weekends due to mother interference at pick-ups, and ask for consequences for future denials, father requests lawyer fees associated with the denial of visits and any other consequences the court sees fit.

Until you have times in the papers, you are at her will today..

When does school start? Do you have Labor day in your papers? Seems like you should be at end of summer visits now...

shellcode

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Re: Should file for a enforcement or custody?
« Reply #2 on: Aug 31, 2013, 03:02:15 PM »
i would of text her but my cell is out of service, but i did called her, and she said," she in pa for vacation...but maybe i ask my sister to text her and see what says....school starts September 9, i was going to get my daughter thursday and bring her back sunday the day before school starts.... she being stupid and immature about it.... so now im going to court for violation....the court order only says," alterating 2 weeks that's it....i don;t want to much to fight for custody because i know she needs her mother... but i would like increase my visit to 1 week with me and 1 with her mother when schools start.... she comes out at 3 or 3.30 pm and i live close by maybe 15 to 20 mins away...and to modify my summers to give a specfic time and date....so it won;t be problems like that in the long run.... so can i request more for visitation?

ocean

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Re: Should file for a enforcement or custody?
« Reply #3 on: Sep 02, 2013, 10:36:30 AM »
Try to stick to getting your order tightened with pick up and drop offs at school so mom does not interfere. You prob get more time that way anyway, pick up fri from school, return mon to school. Mid week visit, maybe get overnight, pick up from school, return next day at school. Focus on mom not allowing visits, so eliminate mom from area. At least get the pick ups that way so child gets to come to you.

You will have to file the contempt of court papers from this summer to counter her claims. Courts see it all the time so focus on having child and the best way to go about that. Contempt of court, mom will have to answer to why she has not had child ready for visitation. If you missed days, ask for make up days. If you file modification of visitation to change it, you are opening up a whole new trial/hearings. If mom allows this coming week visit, try not to be alone with her for your protection, until court. Take pics of reg things you did throughout the long weekend with her. Smiling and happy. If child comes willingly and has fun then how can she claim child is afraid of you or abuse...Take whatever days she gives you this week as it will look good that she trusted you enough to have child this week.  Court is very stressful so enjoy the time you do get with her.



 

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