MY EX THINKS OUR SON IS HIS SOLE PROPERTY--AND EVEN THOUGHT WE HAVE JOINT CUSTODY--

DEAR READERS:

I HAVE AN 11 YEAR OLD BOY WHOM WHEN I DECIDED TO MOVE BACK HOME HE DECIDED TO GO LIVE WITH HIS DAD. ALTHOUGHT I LOVE HIM ALOT, I REALIZED HE IS AT THE AGE WHERE HE WANTS TO SPEND MORE TIME WITH HIM. SO I AGREED TO JOINT CUSTODY WITH THE FATHER HAVING PHYSICAL CUSTODY. IT'S BEEN A LITTLE OVER A YEAR SINCE HE MOVED AND I'VE SEEN HIM MAYBE A HANDFUL OF TIMES. MY PROBLEMS IS, HIS DAD STATES IF HE DOESN'T WANT TO COME VISIT ME HE IS NOT GOING TO FORCE HIM...I WAIT EVERYOTHER FRIDAY AT OUR DROP OFF POINT AND TO NO SURPRISE TO ME...HE ISN'T THERE AND NO PHONE CALL EITHER. I WAS TOLD BY THE JUDGE WHEN WE DID THE CHANGE THAT IF HE DIDN'T DO HIS PART, HE WOULD BE IN CONTEMPT OF A COURT ORDER.....HOWEVER; SHE FAILED TO INSTRUCT ME ON HOW I GO ABOUT AND FILE FOR THIS....IF THERE IS ANYONE OUT THERE IN THIS SITUATION OR HAS BEEN IN ONE PLEASE ADVISE, BECAUSE I MISS HIM SO MUCH AND I FEEL AS WELL AS OTHERES I'VE SPOKEN TO THAT HE IS BEING BRAIN WASHED AGAINST ME....PLEASE HELP..

LEGALANIMAL1

Have an attorney write dad a nasty letter explaining that dad doesn't get to decide when you see the boy; the court does. If dad doesn't show up, the attorney can file a motion for comtempt, asking for attorney fees and costs as a sanction.

Also, each time dad doesn't deliver the boy, call the police and ask them to accompany you to the house to get the boy. (Take a certified copy of the visitation order.)

To file a motion for contempt, go to the law library and ask to see form books with contempt motions. You can also ask to see a divorce file, if you know someone who went through this in your county.

Tracey


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

I'am going threw this same issue right now, just with more to it then what you have stated. So far I've contacted my lawyer who repsented me in court when the order was made. My lawyer contacted his lawyer to send him a letter that he is in contemt of the courts. If he fails to apply to the order right away then the courts will fine him and possible jail time. In my case it has part to do with him whitholding info from my childs school from me and ordered the school not to let me have accse to any records since we both pay for pre-school my part of payment will be placed in to an escrow account until he compleys to the order. This should be doc if your tring to build a case to get your child back. P.S. you can NOT withhold child support in an escrow account! I will let you know what else happens if you would like to e-mail me. [email protected]