Please HELP!!!

[GIJANE]

My husband has been divorced for almost four years now. His divorce and parenting plan awarded him joint legal custody with his ex-wife yet she is the primary custodial parent. He has always paid child support on time (in fact has paid double the set amount), sends gift and calls regularly. His ex wife has never been able to talk with him about the child in an adult manner and always resorts to name calling and threats. We asked her repeatedly to stop and deal with the situation at hand, the child. Yet, she has not. She refused set visitation three times. So at that time we resorted back to the original child support payment (instead of doubling it) Now she will not even allow my husband to talk to his child on the phone. We need to get visitation and contact back because she has alienated my husband’s side of the family all together. The problem is that we live in two different states (different sides of the coast) We do not have the money to hire a lawyer, plus the time off work and money to keep flying to her state for court dates. There has to be something that we can do! PLEASE HELP.

 

[meleahk1]

Which states would this be?

 

[GIJANE]

We are in Maryland. She lives in Arizona. The divorce was granted in New Mexico.

 

[meleahk1]

If the divorce has never been moved to the state in which the mother and child live then you would need to petition the courts in New Mexico to modify the custody, visitation, child support. If the mother did move the divorce to Arizona then you would petition there.

You can do this yourself. If you look over to the right side of this site you will see a link for state law center, go there and find these states and look for the correct paper to file, most are printable via your computer and printer now days.

I hope that your husband has proof that he has paid all child support, and that he has not been allowed proper visitation.

child support and visitation are two separate issues and no cp has the right to withhold visitation because of child support.

you can haul her butt back into court for contempt if she is doing so. oh, and don't give her the satisfaction of telling her your plans at all. just do it!

good luck.