Check out some similar questions!

Dadsrights · Feb 20, 2009, 06:42 PM

My exwife is currently on probation for DUI and repeatedly violates the divorce decree that outlines visitation rights. Most recently she loaded the boys up in the car and drove away from her house when I arrived for our Wednesday night dinner. I am supposed to pick them up at 6 and return them at 8. She will not be home on Friday evenings when I come to pickup for the weekends. Just want my visitations without putting the boys through all the drama. What kind of consequences are there for civil charges(contempt of divorce decree) while on probation (120 days in jail is what will be sentenced if she violates probation)?

Fr_Chuck · Feb 20, 2009, 07:59 PM

You will have to take her back to family court and see what the judge will do.

penny69 · Feb 23, 2009, 01:53 PM

I'm not sure if there is something you are not telling us, but what does her DUI have to do with visitation rights? They are two separate cases. I would be careful to only stick with the issues concerning your children. I would not get involved in other issues going on in her life unless it is putting your children at risk for harm. Otherwise it is none of your business.

As far as visitation issues, contact the courthouse in your area to find out what process you need to file for contempt of court due to violation of costedy orders. They should be able to give you the info you need.

twinkiedooter · Feb 23, 2009, 02:18 PM

The probation is criminal in nature. The visitation is civil. Unfortunately you can't mix the two and get her in trouble for this.

GeorgeMcCasland · Mar 20, 2009, 10:58 PM

For 20 years I've worked with divorced and single fathers

Part of the problem with getting visitation enforced is knowing what to do to prove your case, and how to remind the judge of their responsibilities. Let me start with the judge.

Dadsrights · Mar 22, 2009, 05:02 PM

Mr. McCasland,

I read your response on my mobile phone and now that I'm at my desktop, I can't seem to access the links you suggested. I found your reply very helpful and thank you.

Could you possibly provide the links you mentioned again?

Fr_Chuck · Mar 22, 2009, 06:35 PM

I am sorry, the issue is you can't just go to the judge, you have to address the violation of your rights in court though the proper channels.
You document any and every time your rights are violated, and go back to court with this. You may start by asking that all exchanges be done at a place ordered by the court, a counselers office, a police station and so on,
Next you ask the judge to fine her for every missed visit.
Then you ask for more visits or more rights with the children.

Dadsrights · Mar 22, 2009, 09:26 PM

Thank you... I'm keeping documentation of all violations. Sadly the police in the area have become very familiar with her antics and most are very helpful with completing reports.

Financially I am preparing to hire a lawyer, I'm thinking that will be the only way to get the decree enforced with consequences applied when it isn't honored.

In the long run, I am aware that the boys will bear emotional scaring but ultimately she will have to answer to her own actions.