visitation

[jlucas_78]

Hi! I am new and I have a question. I have not seen my child in over a year, because the ex refuses to let me see her. Last year I had her for 2 weeks and my new wife and I took her home and she later called DFCs and said there were bruises on her. They ended up closing the case. So now I have tried to get the police to go with me to enforce my visitation and they say that they have to have a paper from a judge saying that I get visitation. I thought that a divorce decree was just as good?

[nosonew]

First, why wait a year?  I realize you say ex won't let you see her...but why not hire an attorney 11 months ago?  Do you live close to each other?  How long of a drive?

It has been long enough now, that if the child is young, you will likely end up with supervised visitation to start with...so she can get to know you again.  That means ex will likely be able to appoint herself, her family, and/or friends of hers to supervise.  

Do you have any records to phone calls to the child?  Letters? Letters of intent to exercise visitation?  Did you show up at the home and visitation was refused? Ever make a police report for refusal? Were you consistent with wanting to see daughter?

If the answer to the paragraph above has more than ONE no...you are in for a rough ride, and it's your own fault.  Sorry to be blunt, but parents (male and female) are supposed to be parents all the time, not just when it suits them.  And if they are denied visitation, they react, immediately, not waiting to see if the ex will comply in a year or more...

Please explain in more detail...and then we can help you get started.

[MixedBag]

the police can't enforce a civil order which is what your divorce decree says.

Only on really rare occasions can they step in criminally and then the order has to be super super specific...

Your main recourse is to go back to the court and file for a contempt hearing.

Meanwhile, keep trying to see your child according to the divorce decree.

[Tucker]

It also depends on what is contained in your decree.  

Depending on the state, and how long ago you were divorced, the decree might not even contain the correct wording for visitation.  I know this one first hand.  

Contact a lawyer; although for some this process is impossible due to cost; and have them look into the issue and see what can be done.


This world continues to claim that the kids come first; I personally have found this to be a false statement; To the courts, and everyone around claiming it's about the kids, it's really about the BIG $$'s!   He who has the most money will win in these situations.  Sad to say, but it's true!

[wendl]

sent your ex a certifited intent to exercise your visitation letter and continue to do so each time its your visitation time.

You can get sample letters here, hopefully someone will put the link here for you if not do a search on this site and find it.

**These are my opinions, they are not legal advice**

[Peanutsdad]

Since you dont list what exactly IS ordered in your divorce decree, I'll give you the stnadard answers here.

It SOUNDS as if you havent a clue what rights you DO have legally, in fact, you may have none at all. I would take that decree to an attorney for evaluation, and if it doesnt contain a visitation schedule, get ready to go back to court.



Tips For Getting Started
http://www.deltabravo.net/news/10-19-2000.htm

How To Hire An Attorney
http://www.deltabravo.net/custody/hiring.htm

Hiring An Effective Attorney
http://www.deltabravo.net/custody/effective.htm

Success Factors In Obtaining Custody
http://www.deltabravo.net/custody/tips.htm

http://www.deltabravo.net/custody/missed-visit.htm

Suggestions When Falsely Accused
http://www.deltabravo.net/custody/falseacc1.htm

Dealing With Threats Of False Allegations
http://www.deltabravo.net/custody/blackmail.htm

URL: http://www.deltabravo.net/custody/guide.htm


http://www.deltabravo.net/custody/pplan3.htm


For Move aways: ( Thanx Brent!!)
              

Immediately file a Temporary Restraining Order (TRO). In the TRO, specify that the children are to be prevented from leaving the State.

Also, read these:

Preventing Domestic Move-Aways
http://www.deltabravo.net/custody/moving.htm

Preparing For A Move-Away Battle
http://www.deltabravo.net/custody/moveaway.htm

Preventing International Move-Aways
http://www.deltabravo.net/custody/moving2.h



One of the first things you'll hear around here is "Document, document, document!". Having good records is *crucial*. Get yourself either the Parenting Time Tracker (PTT) at: http://www.deltabravo.net/custody/tracker.htm or the OPTIMAL Custody Tracking service at: http://www.parentingtime.net. The PTT is good, but the OPTIMAL service is definitely better.


http://www.deltabravo.net/custody/acronyms.htm