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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111682
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My son petitioned the court and visitation daughter in 2008.

Customer Question

My son petitioned the court for legitimization and visitation for his daughter in 2008. I was the only witnessed allowed on the stand during the proceedings due to my 24/7 care during her 1st 2 years of life. When my son left the mom and subsequently married, the Mom has denied access on and off. He has not been allowed regular visits since June 2015 seeing her briefly on her birthday 11/30/15. He has several police/incident reports and many e-mail/text correspondences. The most revealing one is from my granddaughter
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The police are not going to interfere in custody and visitation issues without a direct court order to them. If the mother is violating the court order, your son's proper recourse is that he has to file a motion for an order to show cause for contempt of court, which is a motion in court where he presents proof that she is not following the orders and ask the court to punish her for not doing so. If he wins a contempt motion, then part of his damages would be payment of all of his costs and attorney's fees for having to take her to court.
That is his option for her not following the court order on visitation. If your son wants more visitation, then he needs to also file a motion to modify visitation and ask the court for more.