What do you do?

[michaels grandma]

what do you do about a mother that is constantly interfering in visitation? Usually the excuse is, "He's sick." I know that you can go back to court for a violation of the court order, but that is another problem. You don't have an attorney and can't afford one. Your being screwed all around, by the mother, by the parents of the mother, by child support enforcement, and by the courts. Not that some isn't the father's fault, it is. But the major problem is that the mother doesn't want the father in the child's life and has said so.

She has the child calling his step father "daddy."
She lied to child support enforcement and now if the father does not pay huge amounts every week, because according to the child support enforcement attorney a tow truck driver makes money and can afford the amount, he will be incarcerated,
She constantly refuses the father his visitation under the pretense that the child is sick (usually because she has made plans and wants to take the child with her)
Her parents constantly interfere.

What can you do? You don't have an attorney and can't afford one, but you can bet the mother has one because her parents are paying for it (they have money.)

What can you do? All the father wants is to be able to spend time as per the court order with his son with no interference and to have his son know his family.

[Kent]

You son needs to start documenting, documenting, documenting.

How old is the child?

Having the child call the stepparent daddy is a big deal, also to the courts.

Your son needs to write a letter to the mother, and send it certified with return receipt. In this letter, your son needs to write that he intends to excercise his parenting time (spell out dates and times) as per the court order.
Also state that illness of the child is not a reason to not being able to exercise his parenting time; if the child is ill, he as a parent can care for the child as well. If the illness is very serious, then he can be with the child at the ER.
See here for a sample letter: http://www.deltabravo.net/custody/intent.php

Then he needs to be at the point of exchange, at least 10 minutes early, or dead on time if it is her house. Bring a friend with a camcorder to tape the refusal, and then call the police. The police will not enforce anything, but they will write a report (standard procedure for every call). Get a copy of the police report the next day. After 3 documented refusals you have established a pattern, and you can take her to court for contempt. With such clear documented contempt, you do not need an attorney, just ask the clerk of court for the proper forms, and fill them out yourself. In the meantime, keep on taping, calling the police, and document.

Is there a GAL (Guardian Ad Litum) appointed yet? if not, you can ask the court for a GAL, but better is to ask the court to order a Custody Evaluation by a psychologist specialized in this. It's not cheap, but a good evaluation is priceless.

Then come back here often, and post all your questions, concerncs, etc.

Good luck,

Kent!