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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101551
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My ex wife is withholding visitation she claims I need a

Customer Question

My ex wife is withholding visitation for me she claims I need a court order every time for visitation she lives in Phoenix I live in Chicago so I only see him in the summers and in the divorce decree it says nothing about obtaining court orders every time I have visitation with him what can I do if she doesn't send my son to meet in the summer for visitation can she be held in contempt of court this is the second time she has done this
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this. Please tell me what state the decree is from?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
I live in Elgin I live in Elgin and she lives in Tempe Arizona the decree is from Illinois everything was done in other noisy at the time she was in Mexico that for so the final judgement she was in Mexico at the time so she defaulted but the final judgment was done in Illinois in the county of Kane she lives in Tempe Phoenix she is withholding custody from me claiming that I have to obtain a court order for visitation when in the final judgment it doesn't say every time I have visitation and I need to obtain a court order it just says every summer I will have visitation with my son for the whole summer so I am buying my ticket in a few days to go there and pick him up in May but if she doesn't have him or turn him over to me for my visitation so I can come back to Chicago and then later bring back to Arizona will she be held in contempt of court she does not follow the judgment
Customer: replied 1 year ago.
Please answer soon
Expert:  Ely replied 1 year ago.

Thank you.

It is not true that a court order is needed every time for visitation, unless the decree demands it. Someone in your situation may wish to enforce the matter via something called contempt. This is how parties enforce a court order. Upon a finding of contempt, she can be fined, admonished, or even imprisoned. You can get an attorney in AZ to do this, or do this yourself.

Many parties will agree to work something out simply at the threat of contempt. From your question it sounds like you already know about this, and this would be the way to enforce custody/visitation.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
I do not have a lot of money to spend on a lawyer so how can I file contempt on her myself
Expert:  Ely replied 1 year ago.

See here:

https://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/index.asp

Scroll down to ENFORCE AN EXISTING FAMILY COURT ORDER, and then PARENTING TIME (VISITATION). This should get you started. NOTE that the decree also has to be domesticated in AZ from Illinois, which requires a quick separate petition as well.

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Customer: replied 1 year ago.
What do you mean domesticated
Expert:  Ely replied 1 year ago.
See here:
http://www.clerkofcourt.maricopa.gov/eformsondemand/203.pdf
A judgment/decree from another state has to be domesticated in AZ prior to enforcing it. This is a very quick pleading and should not be an issue.
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Customer: replied 1 year ago.
Can u please tell me what u mean by domesticated? what does that mean
Customer: replied 1 year ago.
the degree states that Illinois has jurisdiction
Expert:  Ely replied 1 year ago.

Sure. "Domesticated" means registered with the Court in AZ, so it may be enforced. More information on this here:

http://www.clerkofcourt.maricopa.gov/eformsondemand/203.pdf

Yes, the original jurisdiction is in Illinois. However since both of you and the child now live in AZ, the enforcement jurisdiction has moved to AZ.

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Customer: replied 1 year ago.
But doesn't that mean if I do that and then I file contempt against her I would have to go to Arizona courts
Customer: replied 1 year ago.
No no I still lives in Illinois but she lives in Tempe Arizona
Customer: replied 1 year ago.
we do not live in the same state
Expert:  Ely replied 1 year ago.
Ah, I am sorry. I thought you meant you live in Elgin, AZ. You live in Elgin, Illinois?
Customer: replied 1 year ago.
I live in Elgin Illinois she lives in Phoenix Arizona I talk to a lawyer in Tempe Arizona she said that my ex can ever change that because of Person of Interest meaning me I still live here in Illinois
Expert:  Ely replied 1 year ago.
Thank you.
Okay, then someone in your situation has an OPTION.
OPTION 1
Domesticate the decree in AZ, and file for enforcement via contempt in AZ. As discussed.
-https://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/index.asp
-http://www.clerkofcourt.maricopa.gov/eformsondemand/203.pdf
OPTION 2
File for enforcement via contempt in Illinois.
-http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=5017
The problem is that once this happens, a contempt order is STILL DIFFICULT TO ENFORCE since she is in AZ. So one may have to domesticate the contempt order in AZ anyhow to enforce it.
One has either option here, and can do whichever one one feels is more practical.
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Customer: replied 1 year ago.
if I file contentment against her and there's a court hearing here in Illinois does that mean she has to show up here in Illinois and if she doesn't she will default and what does that mean
Expert:  Ely replied 1 year ago.

She would have to show up. If she does not, the Court may issue a bench warrant against her to have her arrested, fine her, order more child support, and/or do whatever else the Judge feels is necessary and equitable to resolve the issue.

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Customer: replied 1 year ago.
if she keeps this up came her custody be taken away and be given to me when she first of all defaulted on the final judgment and second of all I married and have a better job than she does and third of all she can't really take care of my son as good as he needs
Expert:  Ely replied 1 year ago.
Simply denial of visitation is not enough to modify custody. To modify custody, you'd have to show that:
1) There has been a significant change n circumstance since the last order, and
2) You being a custodial parent is in the "best interest of the child." This is determined, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.
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Customer: replied 1 year ago.
I want to change my agreement and I want to change the visitation how can I do that and what is the age that the child has to be in order for him to make his own decision who he wants to live with
Expert:  Ely replied 1 year ago.
This is a question outside the vein of the original topic. I would respectfully ***** ***** you open up another thread in regards ***** ***** of custody.
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Customer: replied 1 year ago.
Also dealer final decree states that she has left me and being Jessie's parents on his medical and on his school and keep me informed of things and give me her address but I have not done that so far in fact I called the school where my son Italian and I cannot get any information because she did not love me as his father and I cannot let myself as his father she would but she will never do that is she committing fraud
Expert:  Ely replied 1 year ago.
This can be addressed as a side note in the contempt motion.
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Customer: replied 1 year ago.
But I mean she should be doing that can't that be like fraud if she's not
Expert:  Ely replied 1 year ago.
Sorry, this would not constitute fraud under its civil or criminal definition.
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