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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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HELLO I HAVE A COURT ORDER FOR VISITATION RIGHTS DATED 2006 ...

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HELLO I HAVE A COURT ORDER FOR VISITATION RIGHTS DATED 2006 FOR MY SON DAD TO GET HIM FOR THE SUMMERS STARTING 2007. LAST YEAR I DINT LET MY SON GO WT HIM BECAUSE HAD RECEIVED A LETTER FRM HIS SISTER ADVISNG ME HE WS NOT CAPABLE OF TAKING CARE OF HIM, DINT HAVE JOB, HOME WS NOT SECURE DUE TO A RAID DONE AT THE HOME FINDING ILEGAL DRUGS, FEW MONTH PRIOR TO VISITATION , AMONG OTHR THINGS. TODAY HE CAME TO TAKE MY CHILD AND I DINT LET HIM GO. WHY? I HAVE BEEN RECIVING TEXT MESG, FROM HIM SAYING TO CANCEL ALL PRESENT, PAST AND FUTURE CHILD SUPPORT AND THAT IN RETURNE HE WILL GIVE HIS PARENTAL RIGHTS OVER. HARRASING CALLS AT 4am. I BELIVE HE DONT CARE FR HIM AND I AM SCARE MIGHT HURT MY CHILD, TO GET RID OF THE SUPPORT PAYMENTS. I HAD AN ATTORNEY AND TRIED TO MODIFIED THE VISITATION RIGHTS BUT WS DENIED LAST YEAR. CAN I GO TO JAIL FOR TRYING TO PROTECT MY SON AND NOT FOLLOWING COURT ORDER.? TO LET MY CHILD GO WITH HIM FOR THE SUMMER. BECAUSE I FEAR FOR HIS SAFETY.
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 years ago.
You can be held in contempt if your husband files in court that you are not complying with the order, despite the fact you have a reason. I find it disturbing that the court will not modify the order, even temporarily. Of course, your husband may never challenge your non compliance with the order, and if he does, then you have two choices, let your son go or go into court with your reasons for not complying. This is more of a moral decision you would have to make, more than a legal decision. But, the legal consequences are not overly severe if you act quickly as soon as he complains you are not in compliance with the order.

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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88332
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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