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She won't make her son available for visitation......

  • Thread starter kissmycatonlips
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K

kissmycatonlips

Guest
What is the name of your state? WV

My brother has a son from a previous marriage. The court order requires him to pay child support, but also that the mother make the child available for visitation. She has moved from state to state constantly over the last 15 years, only a few times has she contacted my brother to let him know his son's whereabouts. My brother is prompt with his child support and is also paying some back pay from a time when he was not working. He has been to Child Advocate several times, trying to find out how he can see his son, and they tell him he has to get a lawyer. Now, how come the state and C.A. is making sure my brother holds up his part of the court order, but doesn't seem to care about hers? And, shouldn't she be penalized in some way for violating the court order?
 


kat1963

Senior Member
That state can't do anything unless your brother files something. The child support agency is just that, for child support, they could care less about visitation and rightly so because most of the time they can't even caculate the support right!!!! You really want them messing in visitation issues??? *LOL*

Okay, now where is she and what is the wording of the visitation order?

KAT
 
T

tdbird

Guest
Your brother is responsible for support even if he dies, so that will always be an issue the court will take care of first even if he never gets to see his son. It has been my experence that the wife will always be over looked and nothing will happen to her for not letting him see his child. But if you get a court order , the courts have to uphold the judge's ruleing. Your brother will have to file with the court that issued the first order.:eek:
 

CMSC

Senior Member
tdbird said:
Your brother is responsible for support even if he dies

I am assuming you mean if the child dies and dad still owes the state support then he is responsible, right? Because if mom was not on welfare and dad does not owe the state, if the child dies or dad dies he will not owe support.
 
K

kissmycatonlips

Guest
We don't know where she's at.......we think NC. Also, does anyone know if it would be worth it to take her to court?? Even if he goes through the expense and heartache of a court hearing, what if she continues to dodge his visitation and the court doesn't penalize her in any way?
 

Grace_Adler

Senior Member
I hope you guys have documented everything that's happened. If you haven't, start doing so.

In some court orders, it also states that the CP must keep the NCP informed of a physical and mailing address for each of the children. If it's in there, then she's in contempt for that too.

Since it's stated in the court order that she is supposed to make them available for visitation, and hasn't done so. She's also in contempt for that.

She may just get a slap on the wrist at first. But if she keeps on, she'll eventually hang herself.

In some states, a parent who continues to alienate the other parent from the children, it is grounds to file for custody.

I think it was Kat who once gave some good info about finding someone but sending the mail to the last known address and putting on there forwarding address requested or something like that. Can't remember who said it.

If you guys get an attorney, I'm thinking maybe the lawyer can have her address subpeonad to court. Or at least get their hands on that info because they won't give it to y'all.

It may be worth it to take her to court. If you can't afford a $150 consult like they charge around here (no freebies around here) then you can try calling the bar association to see if they have an attorney referral program where they refer you to an attorney and you can get a consult for a reduced fee.
 

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