Visitation...What if anything can be done?


#1

My child’s mother isn’t letting me spend time with the child. As far as I know neither one of us has phys/legal custody established. Is their anything I can file w/ courts that will force her to comply with visitation requests?


#2

You need to file an action for custody, and include a claim for temporary custody, set a hearing and the court will set a temporary schedule.


#3

I am undergoing the same problem, only it is the father keeping our children from me. I even went to visit them at their school and he called the cops on me. They basically told us that I have the right as their mother to have lunch with them, but that we need to go to court to settle things. It’s is okay for me to visit them is’nt it? Neither of us have a court order. As a matter of fact, we just recently had a Motion for change of venue granted from Meck. County to Union County. I had filed back in Feb. 2010 when he snatched them from my care and has alieanated them from me since, the courts said that they were unable to serve him because they could not locate him all this time. Now he has an attorney and I am going at this alone. In the meantime I am emotionally drained because he has not let me see or talk to our children. I asked the Judge at the hearing for Motion to change venue if she could grant me visitation and she said that she could do nothing about it. That I should go file a Temporary parenting arrangement. I wish I could find free legal help, I don’t forsee being able to do this alone.


#4

I suggest you follow the judge’s advice and file for a temporary parenting arrangement.


#5

My ex husband met a woman in December at a trade show, met her over Christmas break for a week, flew to West Coast in early January and brought her home to live with her permanently only after knowing her for a month. Came home and announced they were engaged and would be getting married as soon as she could get her divorce. I, of course, am livid. Not only are they living out of wedlock, but she is still married. They now only stay every other weekend and one weeknight per week. I have never ever had a man stay overnight at my house. She also has brought a cat with her and he knows that our son is highly allergic to cats. I spoke with the allergy doctor and she said that children do not outgrow animal allergies and it only gets worse. I was not happy about my children having to go over there and have told them this living arrangement is wrong. I have told them that it is wrong to live together. This was a HUGE mistake not getting something in my separation agreement about not being allowed to have overnight guests. I am so upset especially since my daughter is 15 and son is 12 and they are at such an impressionable ages. Since our separation and divorce 8 yrs ago, i have kept my kids around good families with good morals and I am just sick. You try so hard to set an example for our kids and it all gets broken down. I called my attorney who told me that i could file for motion for change in custody and thought i had a good chance of winning especially with judges in Catawba County/whatever our district is? and the fact this was the bible belt and judges do not look highly upon people living this way. They said it would be at least $3500 and several months before it ever went to court. By the time i would ever go to court, he could be married and i would be in debt and nothing accomplished since he would then be married. I am sick of the example he is setting for our minor children who are old enough to know what is going on. I have taken away 2 nights visitation that was extra granted by me several years ago and i am not in contempt of any previous agreement. I have repeated told him this was wrong and want him to step up and do the right thing. He has so alienated my kids that they are at the point that they do not want to go over to his house any longer. They say they do not like this new girlfriend. My son comes home sneezing and nasily which takes him several days to get over every weekend. At what age can they decide whether they have to go or not? I would appreciate any help you could give me. I’ve always been a firm believer that every child needs both their parents; however, it’s been a battle for the last 2 months with them not wanting to go; me trying to run interference and encourage them they need to go, but they just don’t want to. Stuck between a rock and a hard place. thanks


#6

Unfortunately the children cannot decide who they want to live with until they are 18.