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Visitation being denied

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Jcolon515

Member
What is the name of your state (only U.S. law)? FL

Quick question-what can you do when the custodial parent is telling you that you can't see your son. There is a court order that states every tues & Wed and every other weekend. Both parents have switched weekends and so forth. Final divorce hearing was set on May 19th and the child visitation order stayed the same even though non custodial parent lives in tampa (court was made aware) and custodial parent lives in miami. Non custodial would drive down every other weekend and get him, they've switched due to NCP having found a new job (was previously laid off) and started working. Now NCP would like to see his son this weekend and the CP is not allowing him. The child at this point is being used as a barganing chip. Child is 2 years old. Is there anything that can be done?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? FL

Quick question-what can you do when the custodial parent is telling you that you can't see your son. There is a court order that states every tues & Wed and every other weekend. Both parents have switched weekends and so forth. Final divorce hearing was set on May 19th and the child visitation order stayed the same even though non custodial parent lives in tampa (court was made aware) and custodial parent lives in miami. Non custodial would drive down every other weekend and get him, they've switched due to NCP having found a new job (was previously laid off) and started working. Now NCP would like to see his son this weekend and the CP is not allowing him. The child at this point is being used as a barganing chip. Child is 2 years old. Is there anything that can be done?
If its your weekend, you can file for contempt if you are denied the visitation. If its not your weekend, then you are SOL.
 

janM

Member
Her just telling him he can't have the child isn't enough to prove contempt. He has to physically go to pick him up, and when he's denied, have the local law enforcement write up a report that he can take to court (with the officer to testify) when he files for contempt. Or at least a witness to the denial.
 

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