What is the name of your state (only U.S. law)? Missouri. I have joint custody order out of the state of Kansas of my daughter but I live in Missouri. The custody order states for me to pick her up in Friday at 5pm and her father to pick her back up Sunday at 5 pm however he will not pick her up. I do it all but it's hard on me financially to run back and forth. So I don't see her as much. He also has been hostile towards me and given his violent background I'm scared to go get her. I would like to go to her school and pick her up early Friday from school. Also my child is not living with him she is living with another woman a friend of his. I don't like the situation cause I can take care of my own child. I don't have much money and legal services says they can't represent me. I don't want to get in trouble for not going to get her. Are there any other options for help with my situation.
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Joint custody violations
- Thread starter Nenenmo
- Start date
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Ohiogal
Queen Bee
You can educate yourself and file a change in custody. Does dad live with this "woman"? How did he get primary custody? How far from dad do you live? Have you filed contempt on him not bringing her back?
LdiJ
Senior Member
Its not "bringing her back" its picking her up.
OP, have you put your foot down and refused to take her back to him so that he is forced to follow the order and pick her up?
No dad doesn't live with her she has a restraining order against him for abuse however they have a child together. He got primary custody cause I told the court to let her go. My child threw a fit to go stay with him but now I've realized that was the worst mistake ever. No I didn't know I could file a contempt on him.
No I haven't put my foot down. As I stated he has been hostile towards me and he terrifies me. I'm really uncomfortable going to pick her up from his place. I informed him I was coming to get her Friday and he changed his and my daughter phone number. I don't know what to do at this point.
AT least as a layman I think fear or uncomfortable re Dad is going to be hard to prove in context of contempt ....what counts is going there and picking up child at the correct time ....if you are denied the child now you have a solid point .
TAke a witness or have somemway to demonstrate that you made attempted pick up at the correct time . ( or way to prove Dad hid the location of child at the relevant time )
AT least in my layview you actually need to punch the buttons ...right now he might say you failed to exercise your visitation rights .
IF you get your child , then of course you must make child available for pickup at the established time ...never mind what dad says he won't do .
TAke a witness or have somemway to demonstrate that you made attempted pick up at the correct time . ( or way to prove Dad hid the location of child at the relevant time )
AT least in my layview you actually need to punch the buttons ...right now he might say you failed to exercise your visitation rights .
IF you get your child , then of course you must make child available for pickup at the established time ...never mind what dad says he won't do .
CJane
Senior Member
When is the last time y'all asked a Dad why Mom has primary custody? 
Mom, you're saying that you don't want to go to Dad's house to get the child - but the child doesn't live at Dad's house. Are you suggesting that the child is living with this other person - who has a restraining order against Dad - and that Dad is then getting the child from her, taking the child to his house, and then you're picking up the child from there?
When Dad refuses to pick up the child, why are you taking up his part of transportation? If your order says he's to pick the child up, then he's to pick the child up.
How far away from each other do y'all live?
Mom, you're saying that you don't want to go to Dad's house to get the child - but the child doesn't live at Dad's house. Are you suggesting that the child is living with this other person - who has a restraining order against Dad - and that Dad is then getting the child from her, taking the child to his house, and then you're picking up the child from there?
When Dad refuses to pick up the child, why are you taking up his part of transportation? If your order says he's to pick the child up, then he's to pick the child up.
How far away from each other do y'all live?
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