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withholding visitation

abandoned's picture

Sad so my ex husband who by default got custody of our two daughters and lives 8 hours away from me with them is telling me that because i dont pay child support he is not allowing my court ordered visit this labor day weekend stateing he needs to work. he did not tell me this information until today and i was suppose to get them tomorrow. we meet half way between our homes and he is refusing to bring them. he told me to travel to his home to pick them up if i wanted to see them but my work arrangments were for the court ordered pick up time, he didnt give me enough notice to ask for the time off in order to do this. also he has been withholding my phone calls from our daughters since they went back with him from my summer visit on aug 5th. he actually had our girls call me and ask me why i wouldnt pick them up and why they couldnt be with me this weekend. then to top it all off i was told by the courts to have welfare checks done by the police when i felt the children were in danger (him withholding my phone calls) and the police called me back stating i gave them an incomplete address! i went in on an ex parte for the withholding of the phone calls and the incomplete address but the judge denied it, this was a week ago. now with my ex not giving me enough time to plan around his wants and needs and neglect to fallow courts orders my children believe him when he told them i dont want to see them thats why im not on short notice going to pick them up . WHAT DO I DO??

Comments

lost in longmont's picture

I'm sorry abandoned. That is a horrible situation. Why haven't you paid your child support though?

It isn't fair of him to use the girls between the two of you. That is just bad parenting on his part, especially to make them call you, and play it off like you don't want to see them is so wrong.

It sucks to have the courts involved and being denied when you were the one wronged, but I don't know if there is anything you can do. You just have be honest with the girls and tell them that you love them and will make it up to them somehow.

abandoned's picture

My ex termanated the child support order when he got custody. There is no child support order in place.

abandoned's picture

No I don't think your too far off. before i lost custody, I have a current husband three step children and a child with him and since I fired my last lawyer I haven't had ch's support on getting custody of my girls back so Ive been juggling putting together a court case/evidence and why I should have custody and take care of my current family. But sadly my current husband has lack of interest in doing for my children so I've recently made the choice to solely focus on the court case and workgrking for my girls not in my custody. my ex keeps emailing me to come get them but still refuses to give me his apartment number, i guess im gonna be knocking on every single door till i find him, which might be fun ;}
im deffinatly going into court this upcoming week for modification of the court order. and possibly an apeal for the judge denieing my ex parte on my ex withholding his address and my phone calls from our girls. ty for youre response

StickAFork's picture

So...
WHY did you lose custody?
WHY don't you support your children?

Personally, you sound like you play the victim role.

You don't take care of your kids. (But yet you had more. Gah.)
Your XH has to work EXTRA to pick up your slack.
He is not refusing your visitation; he is saying you need to drive the whole way because he has to work...again, to pick up YOUR slack.

IF you really want to see your kids this weekend, drive to them and get them. Simple as that.

Oh, and from one BM to another...support your kids.

abandoned's picture

Well there is no court ordered child support. I lost custody by word of mouth. We re suppose to have an evidence hearing. But my lawyer got sick and postponed it 6 Tim's over a year. I fired him and don't know how to proceed. My ex is in a band and drinks away his money hence our divorce. So I'd ask how I could help and I've sent gift cards for their clothes and shoes. Then I started doing 75% of the driving. But this weekend he isn't having it. The judge gave him temp custody cause my ex said I moved too much... now everyone suffers. I never withheld our girls from him

StickAFork's picture

You can't lose and give something at the same time. Regardless of how complicated it is, the English language doesn't change.
I don't think you're being upfront. Sad

sterlingsilver's picture

my xh owes me thousands in child support and I cannot with hold visitations from him, though I'd love to b/c imho both parents need to support their kids. I'd hop in my car right now and get the kids, it's still only thurs evening, you can have them for 3 days right?

StickAFork's picture

BTW, my XH owes $75K at last look. I've never withheld anything. Given him waaaay more than he's entitled to.

But I'd be damned if I had to work extra to make up for his shortcomings and then have him bitch about. Not happening. Not on my watch. Smile

abandoned's picture

Its what I want and usually do, and obviously my ex is unaware of.my situation like myself his but my work just got a new GM and she's cleaning house. I emailed him last Thursday about this weekend visit.....he waited till now to tell me he wasn't gonna stick to the court order...

lawyergirl06's picture

Technically, child support and visitation are separate issues. A parent cannot resort to self help under the law and if you were to withhold visitation you could find yourself in contempt of court with attorney's fees attached. If you are in the same State get yourself a lawyer and make them understand that the best interests of your child are of paramount concern. If you can't go today, get up early tomorrow morning and drive to get them. Also, if you can't afford an attorney contact your state's legal aid office and see if they can help.

abandoned's picture

yes. before the school year 2009 i made the mistake of asking my ex and his wife if they wanted to put the girls threw school, i believed we had formed a decent relationship as co parents. i also believed i would have access to our children and we could work together for them. obveously they agreed. after three months of myself not being able to get ahold of my daughters by phone and when i did which was maybe 3 times, sm's son (13 at the time) would answer the phone and my girls (6 and 7) would explain to me dad and sm were not home and ss was always babysitting them and taking them out to see his friends. thanksgiving was my first visit with our daughters and after hearing them tell me that their daddy was smoking in the car, and he was never home and ss was always watching them and when he did was hitting and cussing at them i decided to not allow ex to pick children up. we never modified the current court order where i had physical custody. i thought i was protecting them... well ex took me to court and we went to mediation and it was concluded that because i didnt call cps and go threw the courts and because of fathers allegation saying i was unfit the court ordered a move away order with father having custody and there was to be an evidence hearing. at that time the father threw out the child support order, i guess he had taken pitty on me??? thats when i hired a lawyer who ended up wasting my time and money for a year setting back the evidence hearing 6 times!!! i fired him. ive been patient and collecting evidence for the last 2 years. but pretty much what ive been told from cps the police and court there is no reason to remove our girls from his home. ive been helping the only way i can since he doesnt offer information on what i could financially help with so ive been doing most of the driving. any time i ask if i can send gift cards for them to get clothes shoes or even gas in his card he tells me " we've already taken care of it" but since the girls have gone back from my summer visit this year! he has withheld his complete address, phone calls except when he had the girls call me yesterday asking me why i wasnt gonna pick them up and why they couldnt see me, and now he stateing in email that because he's the sole phinacial provider he chose to work instead of being at the meeting spot tonight. super funny one of his emails says "oh ill meet you at the meeting spot on saturday if you'd like.im like wtf?? pretty much he forgot the schedualed visit and didnt ask for the time off so he'll bring them when he isnt working in the morning? hell yeah ill take that and meet him tomorrow but for him to not tell me last week when i asked about this weekends visit that he wouldnt be making it, i could have told my work and been up there!

StickAFork's picture

:jawdrop: :jawdrop:

:jawdrop: So, you called up your XH and his wife, and ASKED them to take your kids.
Why? Why didn't you want them? Why didn't YOU want to put them through school? Because you had a new man and a new baby on the way?
Then, on your FIRST visit with them, you kept them? Refused to return them to their custodial parent???

OMG, I'm just stunned. I was right with my first impression. You are the perpetual victim. Unbelievable.

If you want to see your kids, drive your ass over there and get them. Oh, and forget a court ordering you to support them, just do it. That's what a parent does. There's no court telling me I MUST support my chidren, but I do it!

abandoned's picture

im not sure how to react to your comments lol, and i dont feel i have to explain myself to you as part of myself playing the victim. but what you say is helping me to stay grounded. im working on fixing my mistakes, ive realized how absurd my actions were in 2009. i am very regretful. and yes i need to call out of work and go get those girls. i just wish that no matter what has transpired in the past that victor would stop telling the girls i dont want them, when ive been calling every day sending girft cards doing majority of the driving. i really hope when i go to court next week about him breaking court orders over the last year because he feels put out will go well. can i ask , what do you say reasonable comunnication for the children and non custodial parent is?

StickAFork's picture

He shouldn't be telling them you don't want them.
But, he's right, at least a little, isn't he? I mean, you had them, and you asked him to take them.

Reasonable communication is hard to define. When XH was involved in our kids' lives, actively, frequently, I let him talk to them every day. Why? Because he was a part of their lives.
Now? I think once a year is more than reasonable, because he's a selfish douche.

abandoned's picture

sorry i got all worked up towards the end lol, so in the current court order it states the ss is not allowed to watch our girls, which i have a p.i report stateing he still is. last week when i went in on an ex parte it was denied, but from what ive been reading is that i need to file a motion to modify custody. im sorry that my post are scattered. im just greatful i found this site. my current husband is not supportive of what im going threw, probebly bevause he has his three kids distracting him, but at this point im so focused to do the right thing and every reply has been insightful for me. thanks.

StickAFork's picture

Didn't you say you already tried to modify custody? When you kept the kids?
You said the court found you unfit and ordered the girls back to their father.

Maybe I misread. It's still early where I am. Smile

abandoned's picture

when i gave our girls to him we didnt modify the current court order which was in my favor. so when i didnt relinquish the girls to him after thanksgiving break it was because i legally still had .physical custody. so ex took me to court and because i gave the girls to him then took them back after 3 months and because i didnt contact cps for the neglect and abuse of our girls while in his care prior to kepping them the mediatore said that i moved the girls around too much, she put that it showed i was unstable, so the judge made a temp order that the children reside with dad and we were to have the evidence hearing so i could prove the neglect and abuse and ex could prove his allegations of " the girls are always dirty and the mother doesnt bathe them" and " they have too many kids"

StickAFork's picture

What a mess.

So when you split with him, YOU actually had custody? Did HE pay YOU child support? Is that what you mean by "he terminated it?"

Why did you give your girls to him? I get that you thought you could co-parent, but you had custody of them and asked him if he would "put them through school." What caused you to give them away?