[miszjen03]

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]

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]

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]

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...ld-766873.html

[miszjen03]

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]

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]

Ok thank you so he has to get another lawyer

[smoothy]

Ok thank you so he has to get another lawyer

Yes...

[miszjen03]

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]

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]

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]

I understand but thank you for your help also do I need to get a lawyer as well

[ScottGem]

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]

Ok thank you so much

[miszjen03]

How does he petition the courts

[ScottGem]

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]

Ok thank you so he has to get another lawyer

Only if his first lawyer won't do it.

[miszjen03]

Ok now I'm confused do he needs another lawyer or not I was told he doesn't

[ScottGem]

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]

Ok thank you