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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience:  25 years experience as practicing attorney
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What actions can a person take if they are the father, they

Customer Question

What actions can a person take if they are the father, they pay child support, and up until this last Christmas were seeing the children everyday, and every other weekend, but now the mother has decided to not bring them over or return phone calls. He's done nothing wrong, she is just choosing not to follow they're agreement.
Submitted: 4 years ago.
Category: Family Law
Expert:  Dave Kennett replied 4 years ago.
-Could you explain your situation a little more?
Is there a court order for visitation?
Customer: replied 4 years ago.
I'm asking for my fiance, he has two girls; a one year old & 3 years old. His ex has him paying child support on both, but there is not a court order for visitation. They came to the agreement between them that we would have them Monday through Friday from about 3pm to 10pm and every other weekend. This wasn't always how it would go sometimes we would have them longer than just the weekend or earlier than 3pm etc. We had them on Christmas Day but then a couple days after she came and got them and we hadnt seen them because she had a break from school so we just assumed she was spending time with them herself. Well in that amount of time she asked for they're social security cards, saying it was for a doctor's appointment. Well the next day she texts my fiance saying instead of how they would normally handle the tax returns(they each claim one child) her mother was going to claim one of the girls and she, herself was going to claim the other. Completely cutting my fiance out of that tax credit. She didnt ask to see if it was alright, she told him she was going to. We know this is tax fraud because we see and take care of those girls just as much as she does. My fiance and I were talking and thinking of having her sign just a sheet of paper to show she's dropping them off and picking them up at our house. Just something to give us peace of mind in case she decides to really get nasty and fight for full custody. I'm terribly afraid that is coming next. Which by the way I do not know how she would win such a thing with the schedule she keeps I would bet we spent more time with those girls than she does. Well that following week when she came to drop them off, my fiance asked her to just sign it basically saying what time she dropped them off and she wouldnt do it. She said something about getting a lawyer first to take a look at it before she signs anything. Well there wasnt any fine print, so besides being just plain hateful I dont know why she would say something like that. Other than the fact since the beginning of September we've had this arrangement there is actually no proof saying we've had the girls as much as we actually have. So now she wont return any of his calls or texts and we havent seen them since. She did decide to take the oldest to his father's house(because his dad was unaware of the fact she had been ignoring my fiance) and had him watch her for the weekend. Now that his dad knows, even he has told her she and my fiance need to grow up and act civil enough to each other to keep the arrangement they once had. But now she doesnt even take the girls over to his house anymore. I'm at a loss. I cant actually do or say much myself, she and I have never spoke a word to each other. I know she doesnt like the fact he and I are living with one another, and are engaged. I feel the longer he and I are together, the worse it seems things are getting with her. I honestly do not know what we can do without making things worse in this situation. It causes him & I to argue because we dont know what to do to better things. I'm already upset with the fact he pays child support when we were seeing the girls as much as her, IF not more than her. I've seen her drop the girls off and tell him HE needs to buy them medicine for whatever. He's in their lives because he chooses to be. I had a father who paid child support because he wasnt allowed to be in my life because of what kind of person he was and what he did to my mother. Nor did he actually want to be in my life. So I'm not fully understanding why he is even paying that, when he's told her if they ever need something and he doesnt already get it for them, to tell him. I think she did it just to spite him to be quite honest. Then she pulls this stunt with the tax credit and claiming the girls. I know I just wrote a novel but any and all advice will be greatly appreciated. Thank you.
Expert:  Dave Kennett replied 4 years ago.

Dear ninam - All of these private agreements are unenforceable. Your fiance needs to file a motion with the court for an order of visitation since he cannot do anything to enforce whatever he and the mother agreed to. The same applies to all aspects of the children from medical to child support to custody and visitation. without a court order he has no rights to do anything.

 

If he had a court order at this point he could file a motion for contempt of visitation against the mother and get some action from the court. At this point he has no way to do anything. The issues concerning your father are irrelevant since every case has different facts. The child support issue is based on the respective income of the parties and who has the court ordered custody.

 

You fiance needs to file a court case to get all the issues resolved since this will be going on until the children are adults.

 

Dave Kennett

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