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View Full Version : What can my husband do to get his children or at least visitation rights?


miszjen03
Sep 12, 2013, 12:00 PM
My husband has a court order to see his children every weekend but the mother doesn't let him see his children let alone talk to them on the phone he does pay child support but what can he do to get his children or at least visitation rights?

smoothy
Sep 12, 2013, 12:22 PM
He takes her to court... you said he already has vistation rights... then she is violating a court order. THey will enforce the rights they already gave him.

He should have already known this and done that the first time she refused. They can just as easily modify their order givng custody to him if she refuses to abide by it.

Contact your lawyer... I bet this stops really quick shortly after he does that.

miszjen03
Sep 12, 2013, 12:25 PM
Yes he has a court order from a judge but she won't let him see them she took them away because he moved on with his life and when she found out that he was getting married she took the children away

smoothy
Sep 12, 2013, 12:30 PM
How does this tie in with your other post where the father wants nothing to do with the child and your new husband wants to adopt? I thought the username was familiar.

https://www.askmehelpdesk.com/family-law/rights-child-766873.html

miszjen03
Sep 12, 2013, 12:37 PM
To different questions he wants to see his children and I want to help him and my kids fathers won't give them the time of day and I was never married to him this is my first marriage

smoothy
Sep 12, 2013, 12:40 PM
OK, it was mighty confusing before you answered that.

My answer stands... he already has a court order... she is in contempt of court... his lawyer petitions the court detailing that and things get really ugly for her really fast. The court does not like people who defy them.

miszjen03
Sep 12, 2013, 12:44 PM
Ok thank you so he has to get another lawyer

smoothy
Sep 12, 2013, 12:46 PM
Ok thank you so he has to get another lawyer

Yes...

miszjen03
Sep 12, 2013, 12:46 PM
And I'm sorry I didn't mean to confuse you I thought it would be better to start a different one so I won't confuse on my question

Ok will do thank you

smoothy
Sep 12, 2013, 12:47 PM
And im sorry I didn't mean to confuse you I thought it would be better to start a different one so I won't confuse on my question

Trust me... I HAD to ask... we actually have had a number of people intentionally making posts with conflicting information in the past.

Thanks for clarifying it.

Wondergirl
Sep 12, 2013, 12:48 PM
Trust me...I HAD to ask...we actually have had a number of people intentionally making posts with conflicting information in the past.

Or people just having fun and playing games.

miszjen03
Sep 12, 2013, 12:52 PM
I understand but thank you for your help also do I need to get a lawyer as well

ScottGem
Sep 12, 2013, 01:11 PM
Yes, YOU NEED a lawyer to process the adoption. It could be the same lawyer handling his visitation issues. But he doesn't necessarily need an attorney to cite her for contempt of court. He simply petitions the court to hold her in contempt for not obeying the existing visitation order.

miszjen03
Sep 12, 2013, 01:42 PM
Ok thank you so much

miszjen03
Sep 12, 2013, 02:35 PM
How does he petition the courts

ScottGem
Sep 12, 2013, 05:08 PM
How does he petition the courts

Well that depends on local court rules. The best thing would be to go to the local Family Court and ask the court clerk what he needs to do to file a contempt complaint.

AK lawyer
Sep 12, 2013, 06:30 PM
Ok thank you so he has to get another lawyer

Only if his first lawyer won't do it.

miszjen03
Sep 13, 2013, 04:23 AM
Ok now I'm confused do he needs another lawyer or not I was told he doesn't

ScottGem
Sep 13, 2013, 04:43 AM
Ok now I'm confused do he needs another lawyer or not I was told he doesn't

Whenever one goes to court, it is better to go with a lawyer. Especially if the other side has their own representation. But, if he's just trying to get her cited for contempt, he probably does not need an attorney. However, if he used an attorney to get the original custody/visitation order, it would be a good idea to have that attorney help him follow through.

Bottom line is he can probably file the contempt petition without an attorney.

miszjen03
Sep 13, 2013, 05:05 AM
Ok thank you

talaniman
Sep 13, 2013, 07:01 AM
Why doesn't he talk to the original lawyer and see if he needs another one, or can do this himself? Don't be confused because he has more than one option he can avail himself of. He just has to pick one and follow through.

miszjen03
Sep 13, 2013, 07:07 AM
He is willing to obtain a lawyer I was wondering if he needed one

talaniman
Sep 13, 2013, 07:09 AM
He needs to find out.

miszjen03
Sep 13, 2013, 07:09 AM
Ok thank you

excon
Sep 13, 2013, 08:12 AM
Hello m:

If you want to visit, call the local sheriff in the county where they live. He SHOULD enforce the existing court order.

excon

miszjen03
Sep 13, 2013, 08:18 AM
So I don't have to through the courts

smoothy
Sep 13, 2013, 08:31 AM
So I dnt have to through the courts

I'd still go through the court too... just so the court knows she is pulling these stunts.

If you don't, they will assume she has been in full compliance.

ScottGem
Sep 13, 2013, 08:39 AM
I got the impression he doesn't know where they are. But if he does, he can show up for his scheduled visitation and if she refuses to let the children go with him, then he can call the local law enforcement, show them the court order and ask that they enforce it. I'm not sure I would recommend that, rather going through the courts would be better.

excon
Sep 13, 2013, 09:02 AM
Hello again,

He HAS a court order already.. Is a NEW one going to be better?

excon

smoothy
Sep 13, 2013, 09:20 AM
Hello again,

He HAS a court order already.. Is a NEW one gonna be better??

excon

Wouldn't be a NEW one... they would drag her in and figuratively smack her upside the head, meaning read her the riot act... and reminder her of her obligations under the existing order... including possibly changing the custody giving the father primary custody if it were to continue.