Father denied all rights by mother

[Effners619]

I have two children with my ex-girlfriend, they are 2 and 3. We have an agreement that she has physical custody and we share joint legal custody with me getting liberal and reasonable visitation. We have requested many different times to see the kids and in the last year we have seen them once, with the exception of when she moved in with us for 10 weeks but then we didn't have time with them because when she left she took them with and she was gone every weekend. We have asked to see them since she ran with them on May 23, 2008 and seen them for 1 hour at a mall and then talked to them for 5 minutes since then. I call once a day, I e-mail once a week and try to instant message her but she refuses all contact. I have filed a contempt of order charge with a motion to expedite that will be heard on Jan 13. She has an open child services case for neglect, they have been in a fire and car accident that are both her fault and we don't know how they are doing. What do I do? How do I fight for my kids? Can I ask for temp. custody on the date of the motion to expedite so I know they are safe and I can have some time with them. Someone please help me, I just want my kids safe.

 

[jacksgal]

You go to court get an order and if Mom violates order you seek contempt charges. Is your name on birth Certificate?

 

[Effners619]

You go to court get an order and if Mom violates order you seek contempt charges. Is your name on birth Certificate?

We have been through court already once to establish paternity and to give me "liberal and reasonable visitation" and now she won't let me have any visitation at all. We have a contempt order filed to be heard Jan. 13. Any suggestions on what to do to prepare?

 

[ohiogranny]

I'm not sure you can prove contempt if all your order says is "liberal and reasonable visitation" because there are no set times or dates. What she considers reasonable is likely not what you would.

You would be better off getting a modification or clarification of the order. Prepare a detailed parenting plan (you can find some good ones at www.deltabravo.net) and submit it to the court for approval. If Mom agrees, it will be filed and become an order, so that if she denies you time as outlined in the order, you can then (with proof) file for contempt.

I'm not sure if you can try to get temp custody at that hearing, since it's not what you asked for. If they are not in any immediate danger (and if they have not been removed from the home, so probably not), you can't ask for an emergency hearing.

You might want to get an attorney, or at least consult with one. Ask if you have grounds to file for custody and if you can do it before the hearing. (S)he will know how to subpeona the CPS records/case worker. Will they give you any information?

At the very least, you'll get set parenting time, although it may be graduated considering you've had very little contact with them.