CP Refuses To Follow Court Order--Please help!!

[anapr]

Hello all--
My husband could really use some help regarding his custody issues.
My husband's son and his mother live in New York City.
She has since remarried.
We live in Florida.
Our problem is, she refuses to follow their court order.
My husband calls every day for his court-ordered phone visitations..and rarely gets a call back.
Right now, he's going on 3 weeks since he's been able to speak to his son.
Also, when he went to New York for his visitation, his son's mother refused to let him take the overnight visits stipulated in the court-order.

It's so frustrating because he doesn't have extra money to fight for his rights.
between the support (1,300 a month) and visitation costs (1,000) every 3 months, his hands are tied.
So she's trampling on him.
This is also unrelated, but the last time my husband saw his son he was using his new stepfather's last name--he's only 3 years old. Obviously, this hurt my husband terribly.

My husband has phone records and had police presence at each pick up and drop off during the last visitation...so it wouldn't be hard to prove that she's not following the order.

He just wants to be a part of his son's life--and he's following all the rules.


Is there anything he can do that won't cost him an arm and a leg?

Please help.

Thank you.

 

[j032878]

Read Read Read

Obviously before you will get any help you need to read this >>


https://forum.freeadvice.com/showthread.php?t=386919 << and then go back and edit your post.

 

[Isis1]

i am going to forewarn you to edit your question and take out the "we" and "our's" in your statement. you'll get better answers that way. this board doesn't take too kindly to stepparents claiming rights they do not have. and you'll received more suggestive answers.

just a thought. i been here long enough to see answers not getting answered because the stepparent is always insisting to be involved.


oh look, someone beat me to it!

 

[CJane]

Hello all--
Our family could really use some help regarding our custody issues.
My husband's son and his mother live in New York City.
She has since remarried.
We live in Florida.
Our problem is, she refuses to follow our court order.

I'm going to stop you right there.

Please go read the post very near the top of page one that is titled RULES FOR POSTING or something similar. This is not OUR court order.

My husband calls every day for his court-ordered phone visitations..and rarely gets a call back.

The child is 3. What time is he calling?

Right now, we're going on 3 weeks since he's been able to speak to his son.
Also, when he went to New York for his visitation, his son's mother refused to let him take the overnight visits stipulated in the court-order.

So she let him have the child during the day, and he brought the kid BACK?

It's so frustrating because we don't have extra money to fight for our rights..

Again, YOU have no rights to fight for. None. And don't get all bitchy at me for pointing it out. YOU cannot FIGHT for ANYTHING except your husband. And that will NOT take place in the court room.

This is also unrelated, but the last time my husband saw his son he was using his new stepfather's last name--he's only 3 years old. Obviously, this hurt my husband terribly.

That is NOT unrelated. That is a HUGE deal.

We have phone records and had a police presence at each pick up and drop off during the last visitation...so it wouldn't be hard to prove that she's not following the order.

Good. Then your HUSBAND can file for contempt.

We just want to be able to be a part of his life.

And while that's WONDERFUL and I applaud you, YOUR influence on the child and YOUR part in his life is only as a bystander. Especially w/this much distance involved.

And we're following all the rules.

No, you're not. YOUR HUSBAND might be, but YOU are not. Not with all that WE and OUR crap.

Is there anything we can do that won't cost us an arm and a leg?

Yes. YOU can remember this is your husband's fight. That won't cost you a thing.

Is there anyway to file in a Florida court so we won't have to make another expensive trip to New York?

No, your husband cannot file in FL if the case originated in NY. But he CAN file by mail or fax, or hire an attorney in NY to act on his behalf.

Are there any laws in place to protect parents from alienated because the CP makes more money?

I don't think there are any specific laws that protect 'us' from wealthy people, no. But there ARE laws that protect BOTH parents.

 

[j032878]

i am going to forewarn you to edit your question and take out the "we" and "our's" in your statement. you'll get better answers that way. this board doesn't take too kindly to stepparents claiming rights they do not have. and you'll received more suggestive answers.

just a thought. i been here long enough to see answers not getting answered because the stepparent is always insisting to be involved.


oh look, someone beat me to it!

Just reading, observing and learning before I think about asking questions.

 

[anapr]

The child is 3. What time is he calling?



So she let him have the child during the day, and he brought the kid BACK?

QUOTE]

Thank you for answering--let me address these questions.
He calls between 6 and 8 pm--usually on the earlier side.
The calling hours are listed in the court order.

And yes, he brought his son back, because when he told her he wanted an overnight bag for his son, she called the police. (and before you ask, yes, she's aware of what it says in the court order)
And what he got from the police was, you'll have to take it up with a judge--but we won't let you take him until you can get in touch with a judge.
This was a 4 day visitation over a holiday weekend--so he wanted to make sure he got in his other visits without incident.

 

[CJane]

Thank you for answering--let me address these questions.
He calls between 6 and 8 pm--usually on the earlier side.
The calling hours are listed in the court order.

And yes, he brought his son back, because when he told her he wanted an overnight bag for his son, she called the police. (and before you ask, yes, she's aware of what it says in the court order)
And what he got from the police was, you'll have to take it up with a judge--but we won't let you take him until you can get in touch with a judge.
This was a 4 day visitation over a holiday weekend--so he wanted to make sure he got in his other visits without incident.

So DID he get in touch w/a judge?

And let me ask you this. What EXACTLY does his order say re: visitation/overnights/holidays?

And what EXACTLY happened?

And finally, is this a long-distance plan set in place when he moved to FL?

 

[anapr]

CJane--
He never contacted a judge.
This visit was just a couple of weeks ago.
I think part of him is afraid to contact a judge, because going back to court could mean financial ruin--at least at this point in time.

He can look at the exact wording of the order when he gets home tonight and answer your questions about the exact wording.

And your last question--he and the CP never lived in the same state.
His son and his son's mother have always lived in New York--and he's always lived in the south.
So there wasn't an alternative plan in place--this is the original order.
Also, they were never married.

Thank you.

 

[CJane]

CJane--
He never contacted a judge.
This visit was just a couple of weeks ago.

So he didn't get the kid AT ALL?

Please have your husband explain, along with the wording of the court order, what EXACTLY happened on that day.

I think part of him is afraid to contact a judge, because going back to court could mean financial ruin--at least at this point in time.

Yes, as it does for most of us.

 

[anapr]

Again, thank you.
We just spoke over the phone--and he will give you the details you need tonight when he gets home from work.

 

[Ohiogal]

CJane--
He never contacted a judge.
This visit was just a couple of weeks ago.
I think part of him is afraid to contact a judge, because going back to court could mean financial ruin--at least at this point in time.

He can look at the exact wording of the order when he gets home tonight and answer your questions about the exact wording.

And your last question--he and the CP never lived in the same state.
His son and his son's mother have always lived in New York--and he's always lived in the south.
So there wasn't an alternative plan in place--this is the original order.
Also, they were never married.

Thank you.

I thank you for reading the posting rules. Good. Now moving on. The court order is set in NY? Assuming due to the fact of the rest of the facts posted. He needs to file contempt. That is the ONLY way to enforce his rights. Financial ruin? He should try contacting legal aid in NY and see what they could suggest.