My parental agreement allows me to have 6 weeks with my kids. The physical custody is with the mom in another state. She is telling me no because she has "plans". How do I get a court order to enforce my right to see them?
State/Country relating to question: New Mexico
Thank you for your question. What does the court orders say in regards XXXXX XXXXX 6 weeks you can take them?
It specifies 6 weeks during their 12 week summer school vacation.
Thank you. Unfortunately, the language is a bit vague, and if you file a motion to enforce the visitation agreement, the mother can argue that she is not in violation as long as she does allow you 6 weeks of visitation during the summer at some point. If she is not allowing visitation at all, you can file contempt proceedings. These would generally have to be filed in the state where the custody order was entered, depending on the circumstances. You have a right to enforcement of the court order, and the court has the ability to enforce its orders. In some cases, failure to honor the custody/visitation agreement is grounds to have the order modified to grant you greater access rights.You may also want to file a motion going forward to make the visitation language more specific so that there is no argument about which 6 weeks you are entitled to, and whether the mother has any say in determining which 6 weeks you may have.
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Exactly how do I file such a motion / proceeding? Their summer break is from 6/1 to 8/21. I haven't had them at all. Time is running out.
Unfortunately it is not within the scope of the terms of this site for me to describe step by step how you would file such a motion. I can tell you that the clerk's office at the courthouse normally has forms that you can use for this purpose. You would have to obtain a court date, serve the papers on the other party, and attend the court hearing.
Divorce, child custody, child support, etc.
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