Need advice, BM is refusing visitation
Without getting into too much of a back story: BM sent SS to live with her Dad because she 'couldn't handle SS anymore.' I posted about it a few weeks ago, because DH and I were considering having him move in with us.
Little bit more info: BM lives in Florida, we live in SC. SS is 14 and the venue has remained in SC since their divorce 14 years ago.
DH and I decided that we would see how summer visitation went and then decide if we would pursue custody. We would love to have SS live with us, but we have very small children in the house and if he is acting out violently, then that is something we need to take into consideration.
Anyway, BM about blew her lid when DH asked SS about how he would feel about the possibility of living with us 2 weeks ago. The phone call was immediately interrupted and SS was hurried off of the phone. This just proves that she monitors their phone call, which is something we've sort of known all along because this isn't the first time a call has been cut short when BM doesn't like what she hears. I don't think DH has gotten to talk to SS for more than 10 minutes.
A week later DH text BM asking when SS would be out of school and when would he be able to pick up SS for summer visitation. BM text back that SS would not be coming for visitation, that he didn't want to come. This statement is untrue because the last time DH spoke with SS; he was looking forward to coming and was pretty excited about it. Since then DH has not been able to get in touch with SS on the phone, BM's phone or grandpa's phone.
DH has also called the school to check in with them about SS and how things have been going there, and come to find out he isn't listed on SS' paperwork as his father! It's been left blank, the school refused to speak with him about anything. Which I find odd because earlier this year DH had no issue getting in contact with anyone at the school and discussing SS' grades or progress. We would check with Dr. to see if that is case with them, but BM refuses to release any of that information to DH.
We have tried to contact our lawyer; DH has left numerous messages, which have not been returned. We are entertaining the idea of hiring a new attorney, but this guy has been DH's lawyer through everything and knows the issues in and out. We are waiting a few more days and then going elsewhere I guess. DH is pretty upset, understandably.
The issue we are facing now is Florida does not recognize South Carolina court orders, this has been an issue in past court cases. I was not around for that, but BM has refused visitation before and DH had to get a new case started and it ended up in court. BM eventually moved back to South Carolina, for other reasons than the court case, so visitation resumed normally and the case stopped. She moved back to Florida and visitation continued for years, up until now. It's standard visitation, DH gets SS during summer break and every other holiday, he covers transportation expenses.
DH is a very good father, he pays his child support regularly, and he has never even been late. He's always encouraged a relationship between SS and BM. He has done everything he can to try to co parent with BM, but she is just such a hateful person. I honestly don't even know why she is so angry, she left him! My point is, there is no reason to refuse visitation, no drugs, drinking, violence...nothing that will put SS in any danger.
My question is this: is there anything we can do in the meantime while we wait for DH's lawyer to get in contact with us or while we retain new council? Are there any other avenues we can take? I really don't want to drive all the way to Florida with the court order to try and exercise his rights as a father to be turned away by the police because this is a civil matter.
I cannot believe she has stooped to this level. A child needs two parents and if SS is really having a hard time, this will surely make it worse. I know that child support and visitation have nothing to do with one another, but if DH didn't pay he would loose his license and possible end up in jail. There isn't really a system in place to help the NCP exercise their visitation rights without hiring a lawyer and heading to court.
Yeah, we know when he is out.
Yeah, we know when he is out. DH was just trying to do the civil thing and work it out with BM, just in case she had a trip planned or something, she does get two weeks in the summer.
I feel the same way about showing up, but I know that isn't going to fly, she'd probably try have DH thrown in jail because she is so hateful and miserable with herself.
http://www.leg.state.fl.us/St
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Tit...
Specifically Chapter 61 part II
Florida will recognize your agreement.
First, send the school a copy
First, send the school a copy of the court order. It proves your DH is dad. Then they have to speak to him. Get them to send a copy of his records including where he is living now.
I'd go and get him ...if he is not living with BM- he should be able to just take him with the court order. Parent always trumps grand parent.
If you don't want to risk a wwiii ... I'd be very upfront with BM. If you make me take you to court I will hold you in contempt for trying to block access to SS info and will sue for full custody. If SS is not living with her she doesn't have a prayer of keeping primary custody.