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My dad and mom are obviously divorced, and my dad won't let us see her. Only if she comes down may we see her. A while ago, there was an issue with my brother that was going on at her house. No worries he was not hurt and the "issue" has moved. Court papers say we go to her house every other weekend. It has been almost 3 1/2 months since we've seen her. Can he do this to us? Also, I am 15, male, I have a little sister 13, a little brother 8, and another sister 6. I baby sit them here at my dad's. But still he won't let us just because he sees it as unfit. Can he do this?
5 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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The answer is, no, he cannot "legally" do this to you, but he can if no one will enforce the law against him. The problem here is that the system doesn't want to hear from kids. Still, that doesn't mean you can't or shouldn't try to have your voice and concerns heard. You can call DCFS (Division of Child and Family Services) and report your father for refusing to comply with the visitation order. You can also call the Office of Guardian ad Litem and see if they will help you. You can if you can find a lawyer with guts have a lawyer file affidavits with the court that you write up yourselves as kids. But the best thing to do is for your mother to file a motion to hold your father in contempt of court.
Answered on Dec 31st, 2013 at 4:30 AM
You are considered a minor and therefore cannot do what you want to do. Decision making is up to your parents, HOWEVER, your mother can file for an emergency hearing with the Court to enforce the Courts visitation Order. The Court can also find him in contempt for violating it. If your mother gets an attorney, the attorney will probably be able to get the Court to Order your father to pay the legal fees. Remember, your mother must initiate the process.
Answered on Dec 31st, 2013 at 4:29 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He can until your mom files a motion for contempt.
Answered on Dec 31st, 2013 at 4:29 AM
Not legally. Can you call your mother? She may need to file a motion for contempt with the court.
Answered on Dec 31st, 2013 at 4:28 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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No he should not do this but it is up to your mom to enforce the divorce decree by filing a motion for contempt as to why he will not abide by the courts order.
Answered on Dec 31st, 2013 at 4:28 AM