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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My fiance and I havent seen his son in months. The mother

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My fiance and I haven't seen his son in months. The mother won't let us see him and in the divorce decree they have joint custody. He is also supposed to get every other holiday, birthday, and two weeks during the summer. He is behind on child support but we are making monthly payments. I was told she was in contempt of court. He also suppose to claim the child on his taxes which she has never let him do. What could we do about this
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Has your fiancée taken any legal action to enforce the court order?
Customer: replied 4 years ago.

Not yet. That's what we were looking into

Thank you for your response Cynthia.

The fact that your fiancé is behind in child support does not affect his parenting rights under the court order. The mother may not withhold the court ordered visitation. Your fiancée may consider bringing a contempt action to compel the mother to adhere to the parenting plan


Generally speaking, when someone violates the court orders they are considered to be in contempt of court. To enforce his rights under the order your fiancée 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 the mother has violated them.

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

I would be glad to respond to any follow-up questions that you may have.
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