atwitsend27
recently joined
Reged: 03/19/12
Posts: 2
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I have a 3 year old living with his mother and we currently have a court order that states that I get him for 10 days every month, and that she is to let me know about his medical appointments/emergencies. Since the time she left me (November 15th, 2009) she has not told me about any of his medical appointments (Croupe, screw up his nose, seizures, asphma, and sleep apnea. She now is not letting me see/speak to him at all and she said through email that all of our conversations need to go through our attorneys because she now feels threatened by me because I've tried to contact my son and atleast skype with him or talk to him on the phone. Obviously, I cannot speak to my son through her nor my attorney. Does this classify as alienation from a parent, and or contempt of court because of the medical visits.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2007
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Is she not letting you see him on your parenting time? If so, file contempt and ask for make-up time. Unless there is a court order that states she has to let you talk to him when it is not your parenting time, you aren't going to get anywhere with that. How far you get with the medical stuff is going to depend on the judge, but definitely include it with any contempt motion.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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You should not wait. When denials pf parenting time occur, you must remediate the situation by filing a Motion for contempt and seeking make up time for any time missed. the longer you wait to act, the more difficult the situation may be to fix.
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atwitsend27
recently joined
Reged: 03/19/12
Posts: 2
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We have a set in stone visitation schedule from a judge that says I get him for 10 days out of the month. She lives in Alabama I live in Missouri. I do ALL of the traveling (getting him and taking him back) plus, I pay her $492 dollars a month in child support. I have hired a lawyer in Alabama to get this resolved and hopefully a judge will see that I'm doing the leg work on EVERYTHING. I have had to work 54+ hours a week just to make these trips down and back every month just to see my son. She has since the end of January, 2012 denied me my visitation, and now she says I'm harassing her in the text messages that simply state "hi wondering if I could skype or talk to our son today" or I will email her and ask her if we can set up a time for me to come and get him and she replies with "I need atleast 2 weeks notice on all your visitations". Nowhere in our current court order does it state anything about 2 weeks notice. It says reasonable notice. If she had to do any of the traveling or pay for any of it, I could understand giving her notice, but when she doesnt even need to pack him a bag because I always have one on me that has his belongings in it (clothes, toys, snacks, ect.) that is just unreasonable for her to ask for 2 weeks notice. She has an older daughter that is 4 now that hasnt seen her biological father since she was 6 months old because her mother (my ex) put a restraining order on him. I spoke to her first childs father the other day and he informed me he has hired a lawyer to turn her in for kidnapping, because she never notified him/the commonwealth of virginia, that she was taking their daughter, my son, and now, her new born that she has with her current husband, to Alabama. Why cant social services get involved here and say wow, three kids by 3 different fathers, no stable home (she has moved 7 times in the past 2 years) and receiving child support from two different guys that adds up to be over $1,000/month combined. No job, and most importantly, denying her daughters father visitation, and now denying me visitation and going against a court order twice. I cannot wait until APRIL, when this all gets laid out on the table...right in front of a judge. I pray that he lets me have the visitation back she has taken away...and thank you guys very much for your info. Take care
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7135
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It says reasonable notice
Unfortunately this is one of the worst statements to ever allow in a CO. What is reasonable to one person may not be reasonable to another. She will get her hand slapped for not allowing the 10 days a month, but I'd be willing to bet she goes in and says "Your honor, I need to know that far in advance to plan around it and I really felt that was reasonable." What's he going to say? "No you didn't". I'd say you need to do your best to have that wording modified.
Her x can't file kidnapping charges. She has custody. She may not have played by the rules but if he hasn't seen the child in 3.5 years he can't claim she kidnapped her. He could ask for a custody modification or the child to be returned to VA but with the amount of time since he's been in her life it isn't likely to happen.
Social services has no control over how many kids she has by how many different fathers and it's not neglect or child abuse. It doesn't even make her a bad parent. The amount of times she's moved could be questioned but how is anyone going to file a erport when 3 different states are involved?
Sounds like your best bet would be to request a change of custody.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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