my ex husband won’t give me my child when it is my legal weekend

I have a legal document that says i can have my son every other weekend and my ex husband is refusing to give him to me

Asked on May 22, 2009 under Family Law, Illinois

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your husband is engaging in a pattern of violating your order of visitation, you need to go back to court and file a violation of your visitation petition usually called a contempt of court. However, you have to make sure that you have sufficient proof to show that attempts were made to pick up the child and he refused. You have to go there and ask for the child and be rebuffed. If you merely call him and he says no, that may not be enough. Bring a witness with you when going to pick up the child. Also, if your state allows one sided phone taping, get him on tape denying you visitation. You can also go to the nearest precinct to file a report that he denied visitation. Once you have the sufficient proof and he has no reason, he may be found in contempt which could be a fine, incarceration or a change in custody.

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is a very upsetting thing to hear!  I cannot tell you how many clients we represent that have this problem.  You ned to take a "no nonsense" approach to this so that you get the respect of your husband.  Here is what you want to do:  Call your lawyer immediately and have him/her file a motion for contempt on tuesday morning seeking attorney's fees for you having to ask the court to remind your ex of the court order.  the court may also fine him for violating the order to court place him in jail depending on how many times he has done this.  You need to make sure your lawyer is on top of this and sticks it to him each time he violates a court order.  he should not be drpriving you of your child's time with you-  that is priceless!


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.