1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Ex Ignoring Me and Not Letting Me See My Sons

Discussion in 'Child Custody & Visitation' started by TobiasB, Feb 1, 2020.

  1. TobiasB

    TobiasB Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Florida
    Ok, so my ex apparently found out that I am planning to re-open our case and modify the parenting plan. As such, she is apparently trying to spite me yet again.

    We were supposed to do video chat with my sons this past Sunday. No word from her at all and she has completely ignored multiple texts I have sent all this week.

    I don't know what to do? I am tempted to call my local police department in hopes they might contact her, as it is now going on almost two weeks since I have seen my sons. I don't know how long it will take to get a court hearing.

    I am sure I could file something with the court as well, but I am not even sure what to file? I mean since I am supposed to be able to see them at least once a week, would it be a motion for contempt of court? I don't know what to do here.
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

    Messages:
    1,169
    Likes Received:
    594
    Trophy Points:
    113

    I doubt the police in most places would bother to contact her about it. She's not committing any crime, after all, so there's really not much the cops can do about it.

    You'd file a motion for contempt of the present order and for the modifications you want. Her lack of compliance with the current order is certainly not going to help her. See your attorney to get the ball rolling on getting that started.
     
    TobiasB likes this.
  3. mightymoose

    mightymoose Moderator

    Messages:
    11,303
    Likes Received:
    1,936
    Trophy Points:
    113

    You can probably get police to do a "welfare check" to ensure the kids are there and safe.
    Do you have an existing court order for visitation? Your parenting plan is likely not enforceable. You need a child custody/visitation order.
     
  4. leslie82

    leslie82 Well-Known Member

    Messages:
    1,811
    Likes Received:
    243
    Trophy Points:
    63
    What does the current, court approved custody decree state? It doesn't ultimately matter what you verbally agreed to. The judge will look at what is in your approved decree for parenting time and custody.

    I suggest talking to a lawyer -some do free consultations.
     
  5. P1776

    P1776 Member

    Messages:
    39
    Likes Received:
    12
    Trophy Points:
    8
     
  6. P1776

    P1776 Member

    Messages:
    39
    Likes Received:
    12
    Trophy Points:
    8
    If you think this is going to blow over then you might want to wait a while and see if she becomes more reasonable and have a dialogue.
    Is she withholds visitation occasionally and does not follow the visitation schedule that is written in the agreement or order, visitation time can and should be made up. Specific make-up dates can be scheduled between you two. If she will not schedule make-up dates, then there are a few options. However, you should never include withholding child support or resorting to self-help.

    You could have your attorney send a letter to your ex (or her Attorney) explaining she is violating the court order and needs to make up the visitation time. You also can contact the court where your child custody orders were made and see if they have a Family Services Office or a Family Relations Office and whether they provide mediation services. This might help you and your ex resolve your problem without having to go to court.

    Finally you have the "go to court option". Id just make sure you have documented your attempts to resolve the issue before you go in there. You don't want to come across as being petty or vindictive.
    If you file a motion for contempt of court, then she will be required to show up in court and explain why she broke the child custody orders. You can also ask for coverage of your attorney’s fees and costs as a penalty for not obeying the child custody order. On a final note, be careful who you marry next time.
     

Share This Page