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My Grandson married his pregnant girlfriend in Oct. of

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My Grandson married his pregnant girlfriend in Oct. of 07. Her mother has run things since then. They only let him live in the house with her for 6 days after he paid rent on the house and had utilities turned on in his name because she is only 17 and couldn''t get them in her name. He wan in college and doing great but they told him he had to quit and get full time job, which he did. Then they told him he could come home if he changed jobs for more money, which he did. He did everything they said in order to live with his wife but the mother kept comming up with something else. When she saw he was crazy about his family she got an EPO against him by lieing so he had to stay away. On May 5th the baby was born and because of the EPO he wasn''t allowed to be with her for the delivery and the mother is standing guard at the house at all times. They filed for divorce and demanded full custody. His lawyer got them to agree to visits but they call the law when he shows up. What can he do?
Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
Sorry to hear about this unfortunate situation.

If the court has issued visitation orders, his ex-wife cannot deny the father his visitation rights (not even if the mother is the cause of the violation). To enforce his visitation rights, he needs to file a motion for contempt against the ex-wife and provide the dates and time he is required to visit and how the ex-wife (through his mother) has denied him access.

He should first check with the county clerk's office to see if they have the packet to file for contempt. If they do not then an attorney would be able to draft this motion and order and represent his interests.

In the meantime, have him continue to exercise his visitation rights and keep a record of his attempts and how they have been denied.

Unfortunately the police will not get involved here as these issues are civil in nature and the police only handles criminal matters.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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Customer: replied 6 years ago.
Reply to LawNinvest's Post: The court has not issued visitation, it was agreed with between her lawyer and her and her mother. We have tried to get his lawyer to go through court to set up visitation, but every time we call he's to busy to talk to us. And his appointments are filled up. Can we go to a judge ourselves and get the paper filed or do we need to find another lawyer,and if so do we owe this one more money before getting someone else.
Expert:  Attorney & Mediator replied 6 years ago.
So to clarify the visitation arrangement was not made part of their divorce order?

Customer: replied 6 years ago.
No, They are not divorced. She has filed and he has answered, but she wants full custody and he won't agree to it so they have not divorced yet. Does he not have the same rights to the baby as she does if they are not divorced?
Expert:  Attorney & Mediator replied 6 years ago.
Thank you for the clarification.

1) Without any court orders in place the father has the same rights to custody and access to the child as the mother, however if the EPO has not been removed, he won't be able to come near the child.

2) As the divorce is in process his lawyer should now move to set up visitation. Since the petition for divorce has just been answered, the judge has not yet had the opportunity to set up mediation or address the issues of custody. Although both parties agreed to a written visitation agreement, that agreement does not carry much weight because it has not been court ordered, however the wife's failure to follow through on the agreement can be used against her to request custody for himself as the court greatly disfavors when a parent attempts to alienate the other parent (without cause) from seeing his child.

3) The court presumes that joint custody is the best arrangement unless one parent is unfit to parent or meet the child's daily parenting needs, so your son should not agree to her getting full custody and request mediation to work out a joint parenting arrangement or in the alternative to ask for full custody himself based on their attempts to alienate the child from him.

4) First check on the status of the divorce with his lawyer, you will need to setup an appointment if you want to talk to the lawyer. If there is no hearing pending and you are unhappy with the lawyer you can find another lawyer to replace the current one. The attorney is only required to be paid for services rendered and should return the balance of any retainer you gave.

Since there is a lawyer on your case, the lawyer needs to handle this he won't be able to file for visitation on his own while being represented.

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.


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