summer visitation denied

[waterboy]

What is the name of your state? alabama

ex says she has been advised by her lawyer to not let me have our daughter for my summer visitation . if she does this, will it put her in contempt of court and what are the actions that will be brought against her

 

[tigger22472]

What is the name of your state? alabama

ex says she has been advised by her lawyer to not let me have our daughter for my summer visitation . if she does this, will it put her in contempt of court and what are the actions that will be brought against her

What does the court order say?

And why is her attorney advising her not to allow you visitation?

Contempt can be serious, however, often times it's a slap on the wrist and if there's a valid reason behind it and there is or soon will be a process to limit visitation, then it's more of a tap (if anything) than a slap.

 

[waterboy]

the court order says that i get daughter for 1 month in the summer but i have to give the CP 30 days notice in advance ...which i did ... she is just mad cause i remarried....She knows too well that i am a great father.... She is also mad cause daughter loves me and sometimes doesnt want to go home when she visits me. DOnt get me wrong she loves her mother too . BUt she misses me more because she doesnt see me as much. i got the letter today . i am suppose to get daughter saturday the 1st. Is it not agaisnt the law for a lawyer to advise to break the law??????????? IF not it should be.

 

[Silverplum]

the court order says that i get daughter for 1 month in the summer but i have to give the CP 30 days notice in advance ...which i did ... she is just mad cause i remarried....She knows too well that i am a great father.... She is also mad cause daughter loves me and sometimes doesnt want to go home when she visits me. DOnt get me wrong she loves her mother too . BUt she misses me more because she doesnt see me as much. i got the letter today . i am suppose to get daughter saturday the 1st. Is it not agaisnt the law for a lawyer to advise to break the law??????????? IF not it should be.

I would say, copy that letter and keep the original in a safe place. Take your court order with you plus the copy of your 30-day notice, and pick the kid up. If she refuses, document it with the local sheriffs/cops. Then call your lawyer first thing Monday morning and start the process again!

 

[tigger22472]

the court order says that i get daughter for 1 month in the summer but i have to give the CP 30 days notice in advance ...which i did ... she is just mad cause i remarried....She knows too well that i am a great father.... She is also mad cause daughter loves me and sometimes doesnt want to go home when she visits me. DOnt get me wrong she loves her mother too . BUt she misses me more because she doesnt see me as much. i got the letter today . i am suppose to get daughter saturday the 1st. Is it not agaisnt the law for a lawyer to advise to break the law??????????? IF not it should be.

Well yes and no. Again, it depends on the reason that your ex told him. For instance I know a case where the NCP had been caught for drugs and had the child involved. When the CP found out they filed for an emergency hearing (the county took forever though) and the NCP was entitled to visitation prior to the hearing. Attorney advised NOT allowing visitation and addressing that in court. In the end, when it was all over NCP lost all visitation and contact with the child.

You cannot file contempt on her until she's actually IN contempt however so that means she has to actually NOT have the child available and you have to make the effort or demand to get the child.

 

[weenor]

My opinion is that ex is lying about what her attorney advised. No lawyer is going to tell her to disallow visitation without hard proof that something cynical has occurred.

 

[tigger22472]

My opinion is that ex is lying about what her attorney advised. No lawyer is going to tell her to disallow visitation without hard proof that something cynical has occurred.

Either THAT or she lied to the lawyer....However, the lawyer would have then advised that although she deny visitation they file for an emergency hearing to have visitation addressed.

 

[MrsK]

I would say, copy that letter and keep the original in a safe place. Take your court order with you plus the copy of your 30-day notice, and pick the kid up. If she refuses, document it with the local sheriffs/cops. Then call your lawyer first thing Monday morning and start the process again!

I'd do this.

 

[Halls]

No one is in contempt until a judge says they are. So, you go to pick up child at the time and date of your summer visitation. If she says no than you file for enforcement/contempt of the order. The judge can say yes or no on the contempt. If he says no than she was never in contempt and if he says yes, than she will be in contempt at the time of the judges ruling she is. The punishment may be you get extra make up time with your child, a fine, jail(not likely), or anything else, or it may be a slap on the wrist which means he wags his finger at mom and says don't do that again. That is what the judge did to my sons father when he violated the judge's order. Anyhow, do whatever it takes to get your visitation and if that means getting into court right afterward mom denies visitation than do it.