Family Access Motion or Failure to Comply

[BGRobinson]

What is the name of your state? Missouri, custody modified in Greene County, Springfield, MO.
Custody for my daughter was modified to her father who lives in Texas in 2002, the court order is very lenient about visitation, phone contact, and the fact that he's responsible for the expenses to get her to me for visitation. The problem is that within 2 months of the modification he has not allowed me a visit with her since November of 2002, he uses a cell phone for contact so that when I call, my daughter is not available, I've spoken with her twice in the last 2 years. I'm required to file in writing a request for visitation with my daughter, but he doesn't acknowledge receipt of the letters, or faxes, or if mail is sent return receipt required he won't pick that mail up & sign for it. My resources are very limited as I have 3 other children in the home, it's been 6 years since I've had any visit with my daughter, she's now 16, & I worry that she thinks I don't want to see her since I have no contact with her. What are my alternatives....her father has twice dodged being served the family access motion I previously filed. How do I get someone to take notice that he's not complying at all with the custody modification? Help, please.

 

[Isis1]

did you serve the father properly? have you looked at other venues of service? you waited 6 years to actually Do something about this?? after the first two months, why didn't you file for contempt back then??

 

[BGRobinson]

I contacted Legal Aide twice for assistance and was denied, I've had no resources to pay a retainer to an attorney to represent me, and that's the only way the courts will know he's not complying correct? So if I cannot even get the case to court, he basically doesn't have to comply does he? There's no-one else to enforce this, or even take notice if he complies or not, isn't that correct? I call to speak with my daughter and he'll say she doesn't want to speak with me, calls me vulgar names, tells me I'm going to jail, etc....I have recordings of these calls but until it gets to court - no one hears them but me & my family members. Just recently he was served with the FAM while he visited his family in Missouri, in the same town that I live in, and he stayed over the weekend, my daughter has been 'here' numerous times for holidays and when I've tried to call to request a visit, set something up to meet, third party or however, he hangs up on me, or assumes a falsetto voice as if he's an elderly man & I've dialed the wrong number. I'm at my wits end.

 

[Zephyr]

have you ever filed contempt?

 

[BGRobinson]

have you ever filed contempt?

Zephyr, no...wasn't sure of which to follow, Family Access, or Contempt. How do I determine which is more appropriate; and who files the Contempt case...an attorney or can I file Contempt with the court without representation. My pause in filing myself is my daughters father will come armed with attorneys both here & in Texas. An Attorney did manage to get him served 3 weeks ago, and the judge has it under consideration to set a date, but her father is trying to get it dismissed? Due to the fact that her friends, family, and (new info) her therapist is in Texas, not here in Missouri. These are the same two states that existed when custody was modified and she moved to Texas with him at the order of the court. Thanks for any & all responses.

 

[onebreath]

I would file for contempt of the court order without representation (pro se) but you will need to go to TX to go to court. I don't know if TX has court ordered mediation before a court date or not...if so...you need to go to both...both dates should appear after the motion gets served so you will know how to prepare in advance your travel.

Even if dad shows with an army....hey, if he hasn't abided by the court order, then he is in contempt. I don't see how an attorney could talk his way out of that unless there is something you have done that you haven't said.

Meager advice, but have a log book of all dates, information....whats happened since the last court date. When you figure out how to file a motion on your own, attach the log. Keep everything as brief and objective, business like as you can...but be informative. If you attach a written declaration....it will be your own words...one to two pages to inform the judge/mediator of exactly your case....attach the log....that is important to do as oftentimes the mediator and judge will base their decisions on what is written...if its good and compelling, before you walk into the room.

One piece of advice....you already tried legal aide...but just go visit your county courthouse next week...find out if they have a free clinic where you can ask questions certain times of the week. Another idea for helping you prepare and serve your paperwork, hire a paralegal. They are cheaper than attorneys and can do the logistical work for you if too overwhelming.

I would ask for attorney fee's in your declaration. Don't count on it, but ask for it, given the years.

And consider that daughter, ASSUMING this works out that you will now have visits with her, you may need reunification therapy with daughter. I would also ask the judge that father pay for that, or barring that, that he pay half of that. Because it will probably be stressful for daughter.

 

[BGRobinson]

Why would I need to file in Texas if the original and the modified custody was filed in Missouri? Just wondering, have no idea how to proceed really... Thank you!