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What would you do?

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VanillaBean2u

Guest
What is the name of your state? AR

My ex initially refused to give me visitation this summer. I have several certified letters and emails to prove that I was told that I could not see my children because I failed to give 60 days notice. This was despite the fact that numerous phone calls were made, messages left, and never receiving a call back. I went straight to my attorney, and my ex was served with an order to appear for contempt of court. (We live in different states. Ex left with children approx. 6 yrs. ago.) Approximately 10 days after receiving the summons, I was told that I could pick my children up. This is not the first time that my ex has interfered with visitation. It IS the first time that I've taken action. (I know...really dumb thing to do.) Now the ex wants me to settle the case by modifying our visitation so that there is no out of pocket for court costs. If I agree to settle this, do I forfeit the right to ever have the contempt issue brought up again? I think that it would be prudent to let this go to court. I didn't fork out money to an attorney to have the visitation schedule modified, I did it so that I could loudly proclaim, "I HAVE THE RIGHT TO SEE MY CHILDREN!" Initially my attorney said that the ex would be found in contempt even if I was granted visitation, because the catalyst for the action was being told to appear in court. Now, after he's run through most of the retainer, he's saying that taking it to court won't "GET" me any more than I have. But the object was never to "GET" anything. The object was to document the interference by the custodial parent. What would you do?
 


Bre's_mom

Member
Even if you settle with the bio mom, you can still hold her in contempt if she ever denys you visitation again. You would not forfiet that right:D :p ;)
 
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lcollins

Guest
If you're able, I would go through with it. Let her know you will not stand for her interference. In some cases a judge grants the injured party additional visitation time to make up for the time they lost due the defiance of other parent. This will also make a case for later on that she has caused problems in the past. If you drop it, what's to keep her from doing in a few weeks from now if she thinks she can sweet talk you into dropping the charges? Claim your rights to your children and teach her a lesson.
 

Bre's_mom

Member
I agree with Icollins also, I dont know what i was thinking in my last post, hold her to the contempt charges so that its in file, I beleive, if a parents is held in contempt 3 or more times, thats grounds for a change in custody!!:D
 
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VanillaBean2u

Guest
I'm leaning towards letting it go to court, because while I realize that if it happens AGAIN, I can take action...I want this documented by the courts. If I had taken action every time that my visitation was interferred with, this would be the third strike. :mad: I'm just afraid that I'll end up getting chastised for standing up for myself. I mean, I was eventually given my visitation. I just had to have the ex served in order to get it. In my opinion, that's a bunch of bunk.

I really would appreciate any advice that anyone can give who has been through this before. Thanks.
 

karma1

Senior Member
you might want to try...

www.deltabravo.net
great site for NCP's like yourself
articles, forms, parent time tracker (spread sheet format)
TGB has a wonderful link list for states and state laws and info....
we have used this site numerous times....
 

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