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In limbo...DH left ball in BMs court

TheCharm's picture

Submitted by TheCharm on Thu, 07/30/2009 - 3:31pm

DH and BM are corresponding via terse letters now. She says he should be ashamed of his outburst toward her on phone in front of Dudebug. He reminds her of her obscenity-laden tirade at me in a parking lot two years ago while she was holding his hand and dragging him around in her rage. She refused the August visitation schedule without making alterations thereby indicating DH can't see his son that month.

So what if she keeps Dudebug and won't let DH have his 40-50% contact for the month? She would be in contempt of court, right? But how is it enforceable? DH said he can't take a deputy to assert his visitation rights because its a civil matter. I just don't understand all this and asking him only reminds him of the frustration and pain of our current situation.

I just did some research and saw case studies where courts often change the custody to the father when the mother denies him visitation. This could get interesting over the next few months.

Comments

Sia's picture

Submitted by Sia on Thu, 07/30/2009 - 3:33pm

file a contempt of court charge against her and take it before a judge. he can take a deputy with him as a "peacekeeper" when he picks up his son. Thereby giving you a witness that won't be disputed.

WowjustWow's picture

Submitted by WowjustWow on Thu, 07/30/2009 - 3:57pm

From what I understand, You can have a deputy enforce the visitation schedule, as long as it is court ordered. The BM would also be in contempt of court, and that would have to get filed separately, but if she does not allow DH the child at the time of court ordered visitation, he might be able to get her for kidnapping as well.

If that sheet of paper says he is to be with his father on XYZ day and the mother legally has to turn the child over at that time.

This is in my state, I would check around with your police department to be sure though. Even if DH says he has checked, you do it yourself. Sometimes men just don't know how to ask the question right.

StepG's picture

Submitted by StepG on Fri, 07/31/2009 - 8:12am

is a cop and visitation is a civil matter so they cannot make her turn the child over. They can go with you and write a report of her refusal but they can't make her follow it and then you would file contempt charges. The police can only enforce if it is a criminal matter. Although I think it should be a crime for a parent to deny another parent their God given right to see their child.