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madcadgram · Jun 27, 2007, 11:33 AM

Hi there. I have a question for my son. He is separated from his wife. They have two children. He pays child support through regular deductions from his pay. She filed for the child support, and the children live with her. They do not have anything legal for visitation, or separation. He pays out 55% of his income to her for child support. He wants to see his children as often as he can, but he works swing shifts. She works three days a week. She is mad at him right now and is refusing to let him have his kids over his weeks vacation in July. What can be done?
Thank You

tawnynkids · Jun 27, 2007, 11:55 AM

If there is no court order for visitation what do you mean "his weeks vacation in July"?

Since there is no court order there is nothing he can do but ask. Legally without a court order the police can be of no assistance in getting her to hand over the children for visitation. So all he can do is continue to ask for them. Legally she is not allowed to keep the children from him though. The only problem is enforcing it without a court order is virtually impossible.

He will need to take her to court for a custody/visitation order. He will need a lawyer as it is a bit complicated. Once the order is established she will not be able to hold the kids from him. He will be able to have the local police escort him to her house (or where ever) to get the kids during his scheduled time (p.s. not the best option since it does involve the police and the children will likely see that) but it is an option non the less. Beyond that he will then have the right to take her back to court for contempt if she continues to deny his visitation.

Hope that helps, good luck.

Fr_Chuck · Jun 27, 2007, 01:04 PM

You need court ordered child support ( since I doubt it wlil be 55 percent of his pay) and you need court ordered visitation listed.

This is the first thing you do.

tawnynkids · Jun 27, 2007, 01:20 PM

I understand Gram I don't agree with the law either but unfortunately it is what it is.

madcadgram · Jun 27, 2007, 01:50 PM

He has court ordered child support, just not court ordered visitation

tawnynkids · Jun 27, 2007, 02:23 PM

Yeah, that is often the case. But paying support doesn't legally warrant visitation and not providing isn't a legal reason to deny visitation. But in the eyes of the court and the law, they are separate issues.