Visitation

Rebecca - posted on 06/25/2014 ( 3 moms have responded )

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Can I get a warrent out for my arrest if I do not allow my ex husband to see my daughter. He is not the biological father but he is on the birth certificate right now. I got forced by him and the judge to put him on the birth certificate due to the fact we was still married at the time of birth. I am trying to fight it to get him off. He has not paid child support in over 2 months so I have not allowed her to go with him. I have turned him in for no child support but he is friends with the judge. Now he is trying to get me in trouble for not allowing him to see her. What can I do? Because every time I have a complaint it goes to the judge that him and his new wife are friends with. So it goes no where but if he complains he gets somewhere with it.

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♫ Shawnn ♪♫♫ - posted on 06/25/2014

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Ok, well, you have to initiate taking him back to court for support, but if there is court ordered visitation, and you are not allowing it, that's fodder for him to request full custody and support from you with you having only visitation.

Don't TELL him you're taking him to court about the support, just have your attorney schedule it. Then, he'll have to face you and provide an explanation. I also believe that your attorney can request a different judge, if there's proof of collusion on the part of the one judge and your ex.

But, you don't have the right to withhold court ordered visits, regardless of whether or not he's fulfilling his support duties.

Rebecca - posted on 06/25/2014

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Thank you and all the proof I have of them being friends is him telling that they talk on facebook. He emailed me a conversation that his wife was having with the judge about our case. He has not paid child support on our child so he should get contempt to but because he's friends with the judge nothing ever happens to him.

Guest - posted on 06/25/2014

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Yes. If he has court ordered visitation and you do not allow him to see her during his scheduled time, he can file contempt of court order charges against you. You will be arrested and he will gain custody of your daughter.

In many states in the US if you are married at the time of a child's birth, your husband's name goes on the birth certificate by default because adultery is illegal (you cannot go to jail for it, but you can be sued in civil court), so it is assumed the husband is the father. To get him off of the certificate, you will need to do a paternity test to prove the biological father is the biological father, then you will need to go to court. If your husband is friends with the judge assigned to your case, and you can prove it (email, facebook, twitter, whatever, it doesn't take much--even a snapshot of them having dinner together might be enough to prove a personal relationship), your attorney can request a different judge for your case.

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