QUESTION
If I have visitation rights to see my grand kids, but their mother will not let me see them, what can I do?
Asked on Jul 01st, 2013 on Child Custody - Oklahoma
7 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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File what is known as a motion for order to show cause in re: contempt. This is a motion whereby you can hail the mother into court to "show cause" as to why she should not be penalized by the court for willful noncompliance with the grandchild visitation order. If the court finds that the mother had the ability to comply, but has disobeyed the visitation order intentionally or maliciously, she can be fined or jailed or ordered to take parenting courses, and you can be awarded compensatory time with the grandchildren for the time you were denied. It all depends upon what the court feels is appropriate.
Answered on Jul 05th, 2013 at 4:39 AM
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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If you have a court order granting visitation, you can bring the mother up on contempt charges for refusing to follow the court order. Make sure you have evidence that can be used in court to prove your case.
Answered on Jul 02nd, 2013 at 2:33 PM
If mom has custody, she can determine who the this children spend time with. How did you get visitation rights? from a Judge?
Answered on Jul 02nd, 2013 at 1:38 PM
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When you say you have "visitation rights" is that based upon a stipulation or court order? If it is, you can bring an action to hold mother in contempt and get visits started again. If it is not pursuant to an order, you would need to initiate a grandparent visitation case. There are very specific things you must prove in order to win such a case in Nebraska. You should visit with a local attorney about your options.
Answered on Jul 02nd, 2013 at 12:51 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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File a motion for enforcement of the existing orders.
Answered on Jul 02nd, 2013 at 12:50 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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Do you have a written Court Order granting you specific parenting time with your grand kids ? If so, and if the mother violated that Order, you need to bring the violation to the Court's attention as soon as possible, and request "make up" parenting time for all the time that you missed.
Answered on Jul 02nd, 2013 at 12:41 PM
File a motion to enforce existing visitation order, set a hearing date and have the motion and notice of hearing served on the mother.
Answered on Jul 02nd, 2013 at 12:38 PM