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gypsea · Aug 31, 2006, 10:50 AM

my fiance's x-wife has moved back and forth from miami to orlando fl. Several times over the last 2 years with their now 9 year old daughter. My fiancé has not spoken to or seen his daughter know for 3 months. He is supposed to have visitation according to the divorce agreement with his daughter but has not. He herd from his x-wife last night, she is know in oaklahoma with the daughter. We live in orlando. He sends child support every week to an address in miami. He is livid to say the least. He feels as though he has no rights. We do not know what to do. Any advice?

Fr_Chuck · Aug 31, 2006, 04:05 PM

Take her back to court, contact the divorce attorney

s_cianci · Sep 1, 2006, 04:29 PM

Was there any stipulation in the visitation order about her moving out of the state? If so then you can file a motion with the court and ask that a warrant be issued for her arrest. If not, then you don't have much recourse, unfortunately, as the judge is not likely to sent the authorities after someone just for denying visitation, per se. Does he send his child support payments directly to the mother? If so, he could stop sending them, on the grounds that "he doesn't know where to send them." That might get her attention and make her a little more willing to comply with the visitation order. The problem with that tactic, however, is that ultimately he'll be blamed for not paying the support that's due, whether he sees her or not. Not paying child support to spite the mother is never considered an acceptable excuse.

SINGLE4 · Sep 2, 2006, 09:15 AM

I live in Nebraska and the law here is that child support is sent to the Nebraska Child Support Center and not the custodial parent! That way the court keeps track of the payment amounts and not the parents!

Second... I agree with "s ciani" about about whether there was anything in the court order from the divorce about taking the child out of the state of (where ever you leave) without permission from you!

Thirdly... definitely take her back to court on the grounds that she is "refusing visitation to the non-custodial parent". The is a big "NO NO"! Your attorney will get an address from you on where she is and you can send it by mail to her address "certified/ return receipt" and that is like serving someone! In Nebraska it is anyway!

If you fiancé is interested in getting custody of her... this is definitely the time! This child does not know what stability is! Her mother keeps moving her around! Also, the visitation issue!

TAKE HER TO COURT!!

P.S. I use to work for an attorney for 5 years and the attorney I worked personally for specialized in family law! I am no attorney but I have seen a lot and have appeared at enough trials!