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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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I have shared custody (I get 6 hrs a week for visitation) of

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I have shared custody (I get 6 hrs a week for visitation) of my 1 year old daughter with my ex-wife; she is currently making my daughter "unavailable" for over a month for my I have any say in this?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Is the mother indicating why she is refusing your court ordered visitation?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

No she is not, all she says is that my child is unavailable. Is this something that I can report through court or human health services? Would I need a lawyer to assist or could I just bring it myself?

Hello again, Matt, and thank you for clarifying that for me.

Violating a court order typically exposes a parent to a risk of being held in contempt of court and even jailed by the court until they adhere to the terms of the order. Often a violating parent will begin to comply once they receive a communication from an attorney informing them of this and threatening them with legal action if they continue to violate the court's order. So you could retain an attorney for the limited purpose of communicating such a demand to see whether that is effective in motivating the mother to comply.

If not, then a motion for contempt may be filed with the court requesting that the court hold the parent in contempt or jail her due to her violations. It is good to maintain a journal of the violations so you can attest to the times she has refused court-ordered visitation.

You could file the motion yourself and set a hearing without an attorney, although it is usually recommended that an experienced attorney be retained. Here is a link to a site I located which provides a form for filing the motion:

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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