Ex has custody but daughter lives with grandparents

[aoswald]

I am the mother of an 8 year old girl. Since she was 3 years old, she has been in the custody of her father. I gave him custody at that time due to my financial situation. I pay child support on time and have since she moved. I have visitation rights (I live in another state) which include 3 months of summer and odd numbered Thanksgivings and Christmas.

My daughter doesn't actually live with her father any more. She is now living with his parents who live 10 minutes from him. While he visits her often, almost daily, she is being raised by his parents. They are good folks and treat her well.

This year, I am allowed to have my daughter for holidays. My ex refused to allow me to visit with her for Thanksgiving. Not only that, but he is now refusing to take my calls which means I can't talk to her, either.

I am considering my options. If my daughter is not living with her father, do I have grounds to petition for custody? I am remarried (for 4 years), have a steady income, and own my own home. Also, what are my options for forcing him to abide by the court's ruling that I should have my daughter for this year's holidays?

I appreciate any direction you could provide.

Kindest Regards,
aoswald

 

[kyttin]

well he cant deny you visits thats for sure, you might be able to get everything opened up and go for custody again, i think a large part of this now though will be where your daughter wants to be. ps i am not a lawyer

 

[Scooterdog]

I am the mother of an 8 year old girl. Since she was 3 years old, she has been in the custody of her father. I gave him custody at that time due to my financial situation. I pay child support on time and have since she moved. I have visitation rights (I live in another state) which include 3 months of summer and odd numbered Thanksgivings and Christmas.

My daughter doesn't actually live with her father any more. She is now living with his parents who live 10 minutes from him. While he visits her often, almost daily, she is being raised by his parents. They are good folks and treat her well.

This year, I am allowed to have my daughter for holidays. My ex refused to allow me to visit with her for Thanksgiving. Not only that, but he is now refusing to take my calls which means I can't talk to her, either.

I am considering my options. If my daughter is not living with her father, do I have grounds to petition for custody? I am remarried (for 4 years), have a steady income, and own my own home. Also, what are my options for forcing him to abide by the court's ruling that I should have my daughter for this year's holidays?

I appreciate any direction you could provide.

Kindest Regards,
aoswald

Contempt of court would get you an order to enforce. YOu need to document these things, and then document some more.

Being disrespectfull to visitation is a huge :no: . Custody can change hands.

I think, and this response is not legal advise, but maybe you should think about what is best for the child. She is being cared for, and if she's happy, why ruin it? I know you want to see your child, and you should. But, the other side of the coin is uprooting a child who now has 5 years connection with these people.

Something else to think about:You may stir up a hornets nest by attempting to CHANGE custody.(Not talking visitation, as something needs to be done about that ASAP). You have to consider that the grandparents could/might file for custody, and now you have a really big mess, and those shyster's(aka lawyer/liers) will be the only ones getting anything. This doesn't benifit you or your child, when you are all left broke as sh*t, and the judge will only screw custody up even more.

myself, I would go for contempt. Then, at some point, explain to this man what it is you want. (IF he gets papers for contempt, he'll change his tune). Court is the last place you want to go, but, if that's all you have left, you gotta do what you gotta do.

Good luck, hope the father comes around and see's what's best for your daughter.

 

[our4brats04]

file for a motion of contempt and ask for a modification due to interferance with visitation. it works. do it immediately dont sit on it. if u can try to get something in writting like an email or something to back up what u r saying, that she can not come on court ordered holiday's and have phome records to prove u r tring to keep n comtact with her.