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my husband see's a judge in 6 months for joint custody but his son's mother wont let him see his son.?
MY HUSBAND IS FIGHTING FOR JOINT CUSTODY. NEXT COURT DATE IS IN JANUARY. HE IS ORDERED TO PAY CHILD SUPPORT FOR THE FIRST TIME STARTING IN AUGUST. CAN HE SEE HIS SON WHILE AWAITING THE HEARING FOR CUSTODY IN JANUARY. THE MOTHER WHO HE WAS NEVER MARRIED TO IS BITTER ABOUT OUR MARRIED AND WONT LET HIM SEE HIS SON.
10 Answers
- Anonymous1 decade agoFavorite Answer
He needs to contact a family lawyer, be ready to use this in court against the child's mother. If he is paying child support he should have a legal right to visitation, if she still won't allow him to see his son he needs to call the court, and a lawyer, and have an immediate hearing. I know my friend never filed for child support when she became pregnant and her ex bailed out because she didn't want him to have visitation rights - and because he doesn't pay support he has no right to see the daughter he has with my friend, my friend's lawyer informed her that even if he at some point went to court for visitation, unless he's paying child support there was no reason to allow him access to the child until the visitation/custody was granted.
- 5 years ago
Here is the problem with calling the police: Many police departments will not get involved in what they call a civil matter. I have seen numerous times, where the police were called due to the mother not allowing visitation, and the police have told the father that they can't do anything but make a report and that he will have to take her back to court. I finally asked a police officer in my area one time why they won't get involved and he said that you never know why a mother will not let a child go on a visitation. She might know that the father has a bad habit of drinking and driving with the child in the car and just can't get solid proof of it. And if they forced her to let the child go, and then the father ended up getting drunk, wrecking his car, and hurting or killing the child, they could be held liable for forcing the mother to let him go. He said it would be the same if the mother suspected the father was molesting the child and the police forced her to let the chld go anyways and the father molested the child that very weekend. He just said that it puts the police department in a very difficult situation and they would rather not get involved. So I don't see you getting a police department to do much for you. What you need to do is contact a lawyer, or find out how to do it yourself and file a motion of contempt against her. Now, I have seen fathers do this, and the mother basically got a slap on the wrist the first time, and didn't get in any real trouble unless she kept doing it. Many states have an organization called Fathers for Equal Rights, and they are there to help with situations like yours. You should try to find out if you have one like this in your area. I would make sure that you have proof of her refusing your rights. It doesn't matter if she wants to go out of town. If it is your weekend and she knows it is, then it is her responsibility to make sure that you have acess to the child on this weekend. My husbands ex pulls this same "out of town" crap with him and it makes me so mad. I would never try this mess with my ex, because it isn't right and it is against the law. Problem is, you have to get the order enforced and that usually has to be done in court. And costs you money that you shouldn't have to spend.
- godivaLv 51 decade ago
I don't think she can stop him from seeing his son legally. Does he have his name on the birth certificate? if so, then he is legally the childs father, and by law she cannot refuse him visitation. he has to file a court order for emergency visitation i think its called, let him talk to a lawyer. sometimes you can get free legal advice on the first visit and then go and file the right papers yourself, just to get in front of a judge. Once there then you can tell him your side of the story and get visitation down on paper. then if she wont let him see his son she will be in contempt of the court order and can be fined or put in jail for it.
- CSFLv 61 decade ago
Ok, regarless of child support payments a monther CANNOT stop a father from seeing his child UNLESS he is unfit (ex: does drugs, is abusive, ect.).
Its stupid I know. My on & off again boyfriend has a son and his mother is not allowing him to see him. Its illegal. Support payments are a totally different subject but she's still withholding his son. Actually she wouldn't even let him talk to his son until recently. Its sad.
But you know what? Wait til the court date comes, its going to look so bad on her! Keep track of everything!! And I mean EVERYTHING! When he called his son, when he last saw his son, what days he tried to set up a visit and she refused.
Best of luck to you and your husband.
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- e_d_ellis2004Lv 51 decade ago
Your husband needs to tell the judge that she is interfering with his right to visit. The fact that he is paying child support automatically gives him the right to have contact with his son and the judge will impress this fact on his child's mother.
- Anonymous1 decade ago
He needs to bring that up at the custody hearing and have the proof of that to show the judge.
- Julie HLv 71 decade ago
If he gets shared custody, you may be out of the picture in six months unless you can prove that you are a fit parent figure. Just because she doesn't like that you married the boy's father doesn't mean the judge will see it that way.
- 1 decade ago
Does your husband have an attorney? If not, tell him he absolutely needs to consult one.
- Anonymous1 decade ago
unless she cooperates he will need a court order






