What can I do?

Bri - posted on 04/02/2011 ( 16 moms have responded )

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What all can a woman do if the custodial parent keeps children away from the non custodial. No rights have been taken away of course. But all the custodial parent does and yell and scream right away and hang up all the time. How can schedules be made if all they do is hang up? Any suggestions.

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Ashleigh Jade - posted on 04/03/2011

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I agree. Take them back to court. Keeping children from their biological mother or father isnt right.

Stifler's - posted on 04/02/2011

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Take them to court. Or if they agree to mediation decide that sort of thing there.

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Dusty - posted on 01/10/2012

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I dealt with this same issue with my (step) daughter's mother. Whenever she would get mad at my husband & I (& this was always over stupid shit) she would tell us that we couldn't see my (step) daughter. Does this "custodial" parent actually have LEGAL custody (court papers identifying him/her as the custodial parent)? If not, you can easily take the child without any consequences, because legally both parents have 50/50 rights unless otherwise stated through the court. This is eventually what my husband & I did. Unfortuanetly, if this person is LEGALLY the custodial parent, the only thing you can do is take him/her to court. But if visitation rights have already been established through the courts, he/she can be charged with contempt of court for not allowing the other parent their legal right to visitation. Good luck with this. I know it's a hard situation to deal with.

Brie - posted on 04/07/2011

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well if i'm not mistaken and the visitation is court appointed then you have very good grounds on pursuing custody not to mention the custodial parent can be held in contempt of court... my husband hasn't seen his son in about 6 years cause hobag mom took off with him... we recently found out she lied to the judge and never went after any custody claims... we are getting ready to start fighting for him soon... play kinda dirty if you have to but what is happeneing is wrong!!!

Alisha - posted on 04/07/2011

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I don't exactly understand your question, do you have custody? If a person hangs up and doesn't want to work with you, then I guess they don't get the kids and need to be taken back to court if the courts think they have the children most of the time and child support is on the line. If the courts think the non custodial parent does not see the kids and they are the one hanging up, I would leave it and make it up to that parent to make time for their kids.

[deleted account]

If the courts mandated you get visitation at certain times, then I'd call the cops. Court orders have to be fulfilled therefore if he's not allowing you to see your children then you can press this issue, maybe write a letter to the judge rather than going back to court. Emails are a much better written document but they still won't hold up in court, neither will texts or recorded phone conversations. It is best to get things in writing but in a he said she said case such as custodial issues most judges won't even look at emails or texts, or at least in my state they won't.

Jacki - posted on 04/05/2011

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email,text. That way you have it in writing. Go to court and get parenting time inforced.

Raychel - posted on 04/04/2011

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I have a guy friend who had to go back to court several times. Now if she doesn't show up he calls the police and they pick her up and bring her to jail.

Bri - posted on 04/03/2011

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Yes, but it has gotten worse to a point im not sure what i cando. gues court it is. but all the judge does will slap him on the wrist. this guy wont listen unles you threaten jail!

Queen - posted on 04/03/2011

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You need to file to "enforce visitation". If you live in the US just about every court should have some sort of form for that. The court will order the custodial parent to follow the custody order.

[deleted account]

Here's a link to the Custody Issues thread I was talking aobut. http://www.circleofmoms.com/custody-issu...

It's a closed community, which means you have to send a request to the Admin to join, which may take a bit (if you have problems PM the admin and ask her to approve you directly), but it's a great place for advice and encouragement. It's kinda dead right now, but I know a bunch of us check in on it every day to see if anyone's posted and needs help :)

[deleted account]

Yup, I agree with the others. Take them back to court. If a court order is maliciously being discarded by the custodial parent then you can also slam them with contempt of court. I would have a clause put in the order about phone contact with the child too (i.e. "The noncustodial parent shall have a phone clal with the child(ren) every Wednesday at 7:00" or something like that).

Good luck! I know the family court process sucks, but I do know quite a bit about it. Please feel free to PM me if you need any advice or if you just need to vent :) Also on here is a community called "Custody Issues" and you can go there for some great advice about the family court system :)

Karissa - posted on 04/02/2011

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If the court set up a schedual and they are not abideing by it then yes you need to go back and explain that you are not getting to see your children like you are supposed to.

Karissa - posted on 04/02/2011

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I have to agree with Emma if they refuse to let you see your child then you probably need to take it to court to get a schedual set up that way if they still do not let you see your children then there are some legal consequences.

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