Visitation with my daughter

[mrfxst08]

Well, I need some advice because I pay my child support and there is a custody agreement, but my ex is not following it.  I live 400 miles from my daughter and travel to see her once a month if her mom answers the phone that I can make arrangements to come out to see her.  Then if I do get the opportunity to see her I get about 6 hours with my daughter.  I am at my ex's mercy.  

It's funny how if I wouldn't pay my support, I would eventually face consequences.  Where is the justice that she can decide when I can see and talk to my daughter who is 4 now, but will be 5 on Monday?  

I don't know where to start or what I have to do to change this?  Does anyone have any advice or suggestions?

[babyfat]

What specifically does the court order say. IF it says something like every 3rd sunday of the month from x time to x time dad has the child then she is in violation of the court order and you can get her on contempt. It all hinges on what the actual order says. If the court order is not specific then you need to go back and make it more specific by filing a change to the parenting plan.
See child support is a court order if you don't pay it your not following the order your in contempt and there are consequences for that. Same with the parenting plan she doesn't follow it she is in violation and there are consequences for that as well.

[mrfxst08]

The court order states every third weekend of the month however she does not return my phone call so I can make arrangements for time etc to meet to pick up my daughter.  How do I go about changing the parenting plan and filing contempt?  I don't have an attorney because basically with paying support and driving out there when I can see her takes alot of my money that I can't afford an attorney.  Can I file contempt on my own or does that require an attorney?

[Fran]

You can most certainly file a motion for contempt.

I would suggest you start with a Motion to Compel, then go to a Motion for Contempt if she doesn't abide by the motion to compel.

Look up the prothonotary site for your county and see if you can pull up pdf files of other people's cases.  Find somebody else' motions and copy the format.

[mrfxst08]

Thanks for the information.  Are you saying that I can file the motion to compel and the Motion for Contempt on my own without an attorney?

[gemini3]

You don't need an attorney to file anything with the court.

What state are you in?  Sometimes the process is different depending on where you live.

Also, you'll want to have enough evidence that you have been denied your visitation rights, and be able to establish a pattern.  Otherwise it will be your word against hers when you get to court.  This could be e-mails from her stating that you cannot pick up your child, witness reports that you were there to pick up your child and she would not turn the child over, etc.  It doesn't sound like you have any of that.  

My recommendation is that you use the "Intent to Exercise Visitation" letter on this site.  Send it to your ex via certified mail two weeks prior to your weekend and specify a date, time and place to pick up your child.  Request a response in writing (so you have something to show the court if you need to).  No response means that she agrees.  Then have someone go with you as a witness when you pick up the child.  That way you have a third-party witness that she was not at the appointed place and time.  

That may be enough to get her to comply without you having to go to court.  If she doesn't, then you will have the necessary evidence to get something done when you get to court.

Good luck.

[gemini3]

The return receipt article number is the number on the certified mail receipt.  When you send something certified, return receipt requested, you have to file out two things - a green post card, and a certified mail receipt.  The 20-digit number on the receipt is your tracking number.  That needs to go on the letter so that it can be matched to the delivery confirmation.

You'll have to get those from the post office before you write the letter.  I get a few at a time from the post office and keep them at my desk.

[babyfat]

Since the court order says taht you get the child every third Friday you can try to call to say you will be picking the child up at x time on friday if she doesn't return the call or will not answer show up. If she will not hand over the child with the court ordered parenting plan in hand go to the police the police will probably tell you there is nothing you can do except take her back to court but get a report from the cop saying what went down. Once you have reports saying that you showed up and she would not hand over the child THEN take her to court you now have legal proof she will not allow you to visit and she is in contempt. If you have no proof she can say "well he didn't call" or "he never showed up" and it is just your word against her's. It seems in court it isn't about what happend it is about what you can prove happend. She can also claim you showed up at her home and harassed her or threatend her but if you have a police report saying what happened she cannot lie and say something that didn't happen did.

[mrfxst08]

Thanks for the info.  Hopefully, this will put an end to my ex causing interference between me and my daughter, but if not, at least I can protect myself and help to build a case against her when she tries to take me to court again.  Thanks again