DVI and child visitation

[sparrow]

What is the name of your state? Florida....

Its impossible to make a long story short but I'll try.

I have a DVI against my ex and during his visitation with our son he called me at work and told me that he was KEEPING my son for his 3 weeks of summer visitation. The agreement was that he would return him at the end of the seven days. Basially I"ve been through HELL. I make too much for legal assist and not enough for paying for a lawyer. I'm an LPN. (Low Paid Nurse)
I got my son back Wednesday evening and I'm REFUSING to let him go back over there. Can I go to jail? The law refused to help me get my son back when he kept him.
My son is obviously getting messed up in his little head.
One lady at the DV court suggested I drop the DVI as then my ex would have no visitation and would have to prove paternity. We were never married BTW.
Is there someone, ANYONE I can talk to that knows? A real live PERSON that can help me here?
The DVI grants standard visitation. But this guy is doing this to get at me. Keep in mind I DO NOT want to completely cut off visitation but he's smoking pot, getting drunk around my son which is forbidden in the injunction, I just can't prove it as he is in another town (nearby).

 

[Ohiogal]

You have problems. To begin with I am basing this answer on the fact that you have a restraining order giving your ex visitation.

What is the name of your state? Florida....

Its impossible to make a long story short but I'll try.

I have a DVI against my ex and during his visitation with our son he called me at work and told me that he was KEEPING my son for his 3 weeks of summer visitation.

What does the DVI state about summer visitation? HOw many weeks? Was he entitled to three weeks of summer visitation.

The agreement was that he would return him at the end of the seven days.


What agreement? A side agreement over and above what the DVI states? Or just what you told him to do? The DVI seems to control here.

Basially I"ve been through HELL. I make too much for legal assist and not enough for paying for a lawyer. I'm an LPN. (Low Paid Nurse)
I got my son back Wednesday evening and I'm REFUSING to let him go back over there. Can I go to jail? The law refused to help me get my son back when he kept him.


OH brother. You are going to be in contempt. If the DVI gives him visitation then you need to allow it as it is a court order. That is your responsibility as custodial parent. If not your EX can take you back to court for contempt. And when you go for custody he can move for custody on the basis that you have no facilitated or encouraged visitation but have actively kept the child from him.The police will not get involved in a civil matter. They will get involved if your ex violates the terms of the restraining order by coming to see you or what not.


My son is obviously getting messed up in his little head.

Then you need to get him counseling and YOU need to quit participating in the games. Seriously.


One lady at the DV court suggested I drop the DVI as then my ex would have no visitation and would have to prove paternity. We were never married BTW.

However there is now a status quo. If you drop the DVI -- provided that the DVI is a restraining order

Is there someone, ANYONE I can talk to that knows? A real live PERSON that can help me here?
The DVI grants standard visitation. But this guy is doing this to get at me. Keep in mind I DO NOT want to completely cut off visitation but he's smoking pot, getting drunk around my son which is forbidden in the injunction, I just can't prove it as he is in another town (nearby).

You can't prove that this guy is doing this to get at you. He really may want time with his son.
As for what you want, it doesn't matter. You have a court order stipulating that he gets the child at certain times. If it allows him three weeks then he may not have done anything wrong. If you feel he violated the court order, file contempt. You better be able to prove that he is smoking pot and getting drunk. You say you can't. Therefore you have NO CASE. YOu have nothing against him at this point. You may think he is. But you can't prove it.