Enforcing child visitation rights?


When we divorced, we did a non-contested divorce. I just wanted to get through it at the double and when it came to visitation rights on our son, I allowed them to put my ex down as sole physical custody and joint legal custody. For visitation rights, the court directive says per mutual agreement. We also have a daughter that was born after the court proclaim was filed so no visitation rights were established for her. Well, in that is the typical animosity between my ex and my fiancee where my ex seems to think that my fiancee is the one and only thing preventing ex & I from getting back together. Naturally, she is using the children to try make our lives miserable and won't allow my children to come stay near me - for any amount of time. I live 1 state away and have offered to fly there and fly back next to the children and pay all expensive for the visits . I reason I'm being extremely fair (only asking for a month of the summer). She simply won't budge. Obviously, these conditions are no longer considered a "mutual agreement" as per court order; she's controlling everything. Is this something to be precise going to require obtaining an attorney? Or can anyone shed any light on a better way to touch this situation. Thank you in advance. Thanks for the advice. Now, the divorce be done in California. I live in AZ while the ex and children live in UT. Where would I get an attorney from and file for an amendment?
Best Answer:
For 20 years I've worked with divorced and single fathers Part of the problem beside getting visitation enforced is knowing what to do to prove your case, and how to remind the judge of their responsibilities. Let me start with the adjudicate. Always take people with you to court who are not near to testify. Make sure they are sitting where the judge can see them, each equipped near a tablet and pen to take notes. It’s best to use a Court Watch Form designed for this purpose. I have one within the manual at Dads House. If the judge is not doing his job, using the info from this form, he/her sanctioned and/or removed from the suitcase. You file a complaint with the State Supreme Court at your state capital. It’s most noteworthy that you keep a daily journal of adjectives your activities. There does not need to be any violence for a claim of intimidation to be filed. She gets a restraining order because she fears him because she have been preventing him from seeing her child. A restraining order can be filed up to a year after a supposed event contained by most states. With the journal, you can look back and see what you were doing that daylight and who were witnesses to it, such as being 30 miles away, as was the shield with one of my members. Please note that when the mother is unsuccessful within a false allegation of domestic violence, within two years she will progress to child abuse and child sexual rough up allegations. Many think that all the courts are rigged against dads, but in trueness, it is more about attorneys unwilling or lacking the knowledge to truly scrap for the father's rights. This is why it is important to learn how to interview and hire the right attorney. It is also important to do as much of the leg work on your own and not reward the attorney to do it. If you’re being denied access, prepare a "Notice of Intent to Exercise Visitation" letter stating the specific dates as laid out surrounded by your order. Next, prepare a "Notice of Intent to Exercise Parental Rights" in the same decriminalized format of your other court papers. Sign both and make three copies. Mail the originals Certified Mail and another set with Delivery Confirmation (75c + postage). If she rejects the one, she still receive the other. To get a confirmation of delivery of the second letter, travel to: http://www.usps.com/send/waystosendmail/extraservices/deliveryconfirmationservice.htm If the Certified letter comes back, or the Certified Confirmation of Delivery, with her signature on it, attach any (letter unopened) to a copy of the letter, plus a print of the Delivery Confirmation from this web link. Take these documents to the County Courthouse and own the Clerk of the Court notarize and them place it in your case file. Repeat process for respectively time you are to exercise your visitation until she eith obeys the orders or you go to court on it. Next is a "Notice of Exercise of Parental Rights" file with the court and having the judge sign it. Serve or hold it served on her. This you can do Pro Se. When you show up to pick up the children, bring witnesses. Do not enter her place alone. If you can record, have someone video record from the sports car. Check the site below to see if it is illegal to record audio and/or video without the mother knowing. If her state does not own a law either way, than it default to the federal ruling, which says one person in a conversation, must know they are person recorded. THAT’S YOU! In Missouri, it is specifically legal, while in Kansas in attendance is no mention either way. With two different states, if one has a decree against it, than you can record phone calls that originated surrounded by the state where it’s legal. If it’s legal surrounded by her state, than when she calls you, than you can record. I’ve heard of cases where on earth the father lives just across the state line, crossing the state line than calling the mother on his cell phone and CD it. http://www.rcfp.org/taping/ Now, you can’t just record, you also have to transcribe the conversations your on a daily basis journal. One complaint is that the kids won’t come, but that is likely to be a symptom of Parental Alienation Syndrome. http://www.parentalalienation.org/ Now beyond that you may want to use an attorney if she still violate the order. The next step is the "Notice of the Court of Denial of Exercise of Parental Rights" and "Motion to Show Cause for Contempt of Court of Denial of Visitation". This is where it can receive complicate and what choice you wish to make. If she is held in Contempt of Court, i.e. consider a Change of Circumstances, which is grounds for a change in custody. Your attorney needs to enjoy a Motion for Change of Custody ready to hand the judge. If you want to revise how to do all this, go to Dads House in Yahoo Groups. There is an civilizing manual in the file wedge that can teach you what you need to know. When you sign up, you will receive a link to download the instruction manual in PDF format. Take the time to learn what you can and should do
You are going to obligation an attorney. She is in contempt of the divorce decree which means she is contained by contempt of court. You may be able to just make her aware of that and panic her into complying. However, you have no visitation order set in place in connection with your daughter, so for that you will need to go to court and have one established. I really can`t bear seeing parents using their children as pawns. I am very sorry you and your children are going through this. I really think the best point to do would be to take her back to court for everything. That way once every article is settled she won't be able to give you a hard time short facing sanctions. Good luck.
Take her back to court to amend the visitation order.*