A Good Father unable to have custody of his son

My soon to be husband has been going through pure hell with his ex-wife. She is using their four year old son to get back at him because she divorced him, changed her mind and wanted to get back with him and he said no. That started all the bitterness and evil ways played my her. He pays $500 a month in child support,he tries to call on a regular basis and tries to play a responsible role in his life. We are beginning to throw in the towel. We previously had him Dec 99'. He is suppose to get him every three month. She denies him the right to see or speak to his son whenever she feels like putting him through the wash cycle. She will not honor the divorce papers unless she feels like it. Is their anything that we can do to get custody because she denies him the right to see his son. I need some advice on this matter I hate seeing a GOOD person go through this.

Get an attorney and file for comtempt of the court order. If she continues to ignore it, then you can file for a change of custody based on her actions.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Ms LNW:
[b]My soon to be husband has been going through pure hell with his ex-wife. She is using their four year old son to get back at him because she divorced him, changed her mind and wanted to get back with him and he said no. That started all the bitterness and evil ways played my her. He pays $500 a month in child support,he tries to call on a regular basis and tries to play a responsible role in his life. We are beginning to throw in the towel. We previously had him Dec 99'. He is suppose to get him every three month. She denies him the right to see or speak to his son whenever she feels like putting him through the wash cycle. She will not honor the divorce papers unless she feels like it. Is their anything that we can do to get custody because she denies him the right to see his son. I need some advice on this matter I hate seeing a GOOD person go through this. [/b]<HR></BLOCKQUOTE>

Thank you for the prompt response. Are there any other steps to take? The legal system seem to show in the favor of women 90% of the time. What are the odds of a father gaining custody?

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LnWilson:
[b] Thank you for the prompt response. Are there any other steps to take? The legal system seem to show in the favor of women 90% of the time. What are the odds of a father gaining custody?[/b]<HR></BLOCKQUOTE>

At this stage, not great. First get her back into court and get her comtempt recorded. Ask the judge to either increase visitation or inform her of the consequences if she continues to refuse.

If she then refuses the new order, THEN, you can give serious thought to custody.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b] At this stage, not great. First get her back into court and get her comtempt recorded. Ask the judge to either increase visitation or inform her of the consequences if she continues to refuse.

If she then refuses the new order, THEN, you can give serious thought to custody. [/b]<HR></BLOCKQUOTE>

Thank You,
Last question:
He is still paying for the lawyer from the divorce (2yrs ago)which in my opinion didn't do a good job. Do we need a lawyer? If so are there lawyers that will take a case like ours for a very low cost with quality service, being that we are in Ohio and the child resides in Louisana with his mother?
Or is it possible that he can pursue this himself? Thanks again for your help. You have cut my stress load in half! :0)

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LnWilson:
[b] He is still paying for the lawyer from the divorce (2yrs ago)which in my opinion didn't do a good job. Do we need a lawyer? If so are there lawyers that will take a case like ours for a very low cost with quality service, being that we are in Ohio and the child resides in Louisana with his mother?
Or is it possible that he can pursue this himself? [/b]<HR></BLOCKQUOTE>

Yes he can do this himself.. just need to study Louisana law for a few months. A petition for contempt should only cost 3-5 hours of an attorneys time. Still, that is close to 1k .. If that is to much then hire a paralegal to help him with the forms and filing. He will still have to drive down there and be in court but it will still be cheaper than $1k.

Here is a paralegal who is on Findlaw
[url="http://firms.findlaw.com/james1/index.htm"]http://firms.findlaw.com/james1/index.htm[/url]


Personally, anyone in this situation should be studying law in their state right up until the child is 19 and gone. At the very least, read the status of the state in question..
[url="http://www.legis.state.la.us/"]http://www.legis.state.la.us/[/url]

Happy reading...