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My ex and i have three children. He walked out on me and sign

 
 
 

Customer Question

My ex and i have three children. He walked out on me and sign a decree giving me full custody leaving him with visitation. He did not regularly see or contact them till last year. I did tell him that he can come and get the kids whenever he wants, just to of course call me first. he is entitled to minimum Utah visitation. he only calls every other weekend and my lawyer has told me that I should not call and asked him if he wants the kids every Wednesday...supposedly that is his responsibility to set up. I am now running into the problem of our girls not even wanting to go to his house for the two weekends that he calls for them...The kids tell him on the phone that they don't want to go. There have been time when the two younger ones have gone (7 and 9) but my older daughter (11 in October) refuses. Like I said the only attempt he makes to see them is by texting me every other Friday around 4 pm asking what time he can get the kids.Am i witholdin parent time?am i doing anything illegal

Submitted: 984 days and 7 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country relating to Question: Utah

Already Tried:
I have always provided everything my girls need. He owes me 5000$ in child support. He just started going back to school full time and with that my child support is getting reevaluated...He is working at min wage for a company where he watches individuals with disabilities. He could make more money but he is taking classes during the day. I went to school as a single mom taking 12 credit hours at night while working full time during the day...should he not be expected to do the same...

 
 
 
 
 
 
Posted by WebLaw 984 days and 6 hours ago.

Expert's Answer

Hello,

It appears that you are not withholding visitation. Instead it appears that he has not availed himself of his visitation time and now the children do not want to spend time with him. Provided you stay neutral, you are not acting om properly.

 
 
 
 
 
 
984 days and 6 hours ago.

Customer Reply

I have kept a visitation logg for almost two years now... Staing neutural is very hard to do. Specially when his new wife constantly texts me telling me i am doing illegal things, hurting my kids by not letting them see their dad/ Usually I tell the kids call your dad he wants to get you this weekend. My daughter has her own cell phone so she calls him and they hammer things out. The girls usually just come and say "he is coming to get us".
I know we are horrible at communicating and that is something that should change but I have no money to pay for my part of mediation. Right noew he is ordered to pay 851$ a month and i am gettin between 200 and 300 dollars a month if the state can withhold. hence money is tight bc my girls are always first and their needs are tkaing up a big chunk of my income. I am a permanent resident and i guess half of my stress about this comes from worrying about him majing up a story and me getting deported. Yes, they have told me they are planning on doing this...

BTW could you elaborate on this statement:" you are not acting om properly." it's going right over my head

 
 
 
 
 
 

Accepted Answer

Hello,

Sorry for the typo, I meant to say "you are not acting improperly".

If your ex is not paying the court ordered child support, to enforce your rights you will need to file a motion for contempt (may also be called an motion to show cause). In that motion you indicate what the orders are and how he has violated them.


You can typically pick the forms up at the clerk of the court's office and file them yourself.

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Expert: WebLaw
Pos. Feedback: 98.5 %
Accepts: 7732
Answered: 9/12/2009

Attorney

25 years of experience. Positive feedback appreciated

 
 
 

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