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Visitation Denial Evidence-How does a father prove he's being denied access to the children?
Wiki User
∙ 14y ago
# Take a witness along with you, preferably an off-duty police officer, deputy sheriff, or another neutral official. Have your witness stay in your vehicle, but with the window down so that he/she can hear the tone of the conversation, and with the vehicle parked in such a way as the witness can easily see you all the time.
# Take a copy of your divorce decree along with you which shows that you are supposed to see the child(ren) on that weekend, and at that time. DO NOT BE EVEN 5 MINUTES LATE.
# Take a tape recorder with you. Have it running from the time you approach the residence, and do no stop it until you leave. DO NOT have it on the "voice activated" setting as you need to show the time elapsed during your stay there. Keep it running as you leave the area.
# As you approach the residence, state the following facts into the recorder:
a) Your complete name;
b) The address you are approaching;
c) The reason you are there ("l am going to see my son/daughter/children as this is my weekend to visit with them...." etc.);
d) State who is with you and why;
e) State the time of the day and a.m. or p.m.
# As you leave, state that you are leaving and state the time and briefly what occurred which did not appear on the recorder (she/he made an obscene gesture, etc.).
# Keep a calendar of each denied visitation, and keep a written record of the number of recordings you have.
# Make sure you have a credible witness each time that you try to go see the child(ren) and DO NOT MISS A VISITATION PERIOD.
# If she/he calls the police, keep the recorder running as long as they will let you.
# Remember to use a new tape for each attempted visit, and make sure it is blank except for your attempted visits, as admitting a tape into evidence admits the whole tape, and everything on it.
# When recruiting a person to go with you, always have a back-up just in case your first choice cannot make it, but DO NOT GO ALONE. Start out early to give yourself plenty of time; you can always stop at a store near her/his house and get a soft drink to kill time. NEVER drink a beer or any other alcoholic beverage before going there.
# If your child(ren) come to the door before they can be told to go back into the house, the first thing you say to them is, "I love you and miss you." They simply come first and must know that your absence has not been their fault and that you have not wanted to stay away.
# DO NOT ARGUE with your ex regardless of how hurt you are and how mad you are or what your ex has to say. Staying calm and recording the conversation is the smart thing to do and will get her/him in the long run and make you and your child(ren) the winners.
---- "I am here to exercise my visitation . Going by our court order, I am to pick up (child[ren]'s name[s] ) at this time."
(If told that you cannot see the child, that they are sick, or that they have other plans, then use one of the following)
"I have a copy of our divorce papers which says that this is my weekend with ________________ (or "the children") and I miss them very much and want to be with them, and I know they miss me."
(If illness is claimed:) "What is wrong with ."
(Then say:) "I will take their medicine with me, and see that it is taken as ordered by the doctor."
(If you still are refused, say:) "I want to see and that I am sorry he/she is sick. Who is the doctor, so that I can talk to him/her and see how is doing?"
(If still refused, then leave with the recorder running and follow other instructions.)
(If told that "they have other plans," say:) "I can take them where they are going if you will tell me when and where."
Below are links to examples of Notice of Intent, Notice of Violation, and a Motion For Enforcement of Visitation Rights.
See Dads House for additional info and help.
Wiki User
∙ 14y ago
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Do you have to send your children overseas for visitation with their dad who is in the military?
If it is court ordered, than yes. Denial of access is harmful to the children, and to society as a whole, when they grow up. see link
Do you have to pay child support when access is denied removes child from province?
Yes. Denial of visitation is a separate matter from child support.
How do you enforce visitation order in Texas?
First you need to develop you evidence of denial of access rights. Once that is done, there are forms at the clerk of the court office for enforcement of access rights. You can file a motion for contempt of a court order if the custodial parent is violating the visitation schedule.
I have a court order to hand over my child for access with her father. what happens when i break this with good reason?
You had better have a very good reason. Many states take a dim view of denial of visitation. If you think the NCP is/could be harmful to the child in some way you need to ask the court to modify visitation - maybe supervised visitation, or public places only.
Can your ex hide your children and still get money from you?
If you have court ordered access, you can file to have the child support place on hold and for contempt of court for denial of access. see link
Is there any state that doesn't enforce child support laws?
No. They just don't enforce court ordered visitation at the same level, though denial of access to a father is far more damaging to the child and society in general.
If your daughter is 15-years-old does she have a right not to go with her dad when he has not had a visitation in one year and three months and she says he does not do anything with her?
As adjudicated by the courts, each parent has rights, including visitation. Minor children may have their opinions included in discussions, but cannot decide which parent has custody or access.
What does custody visitation mean?
Establishment of the parental rights of access. see link
What is attack is an assault whose purpose is to disrupt computer access to an Internet service such as the Web or email?
A Denial of Service attack (Abbreviated as DoS).
Can a father take his kids on a 2 day out of state vacation on his agreed upon weekend of custody if the mother does not agree?
Unless there is a court order that limits the father's visitation rights he can take a weekend vacation with his children. He should make certain the mother knows where they are going and where they can be reached and that the children have access to call her if necessary. Generally, divorced parents cannot exert that degree of control over what the other parent does during their visitations.Unless there is a court order that limits the father's visitation rights he can take a weekend vacation with his children. He should make certain the mother knows where they are going and where they can be reached and that the children have access to call her if necessary. Generally, divorced parents cannot exert that degree of control over what the other parent does during their visitations.Unless there is a court order that limits the father's visitation rights he can take a weekend vacation with his children. He should make certain the mother knows where they are going and where they can be reached and that the children have access to call her if necessary. Generally, divorced parents cannot exert that degree of control over what the other parent does during their visitations.Unless there is a court order that limits the father's visitation rights he can take a weekend vacation with his children. He should make certain the mother knows where they are going and where they can be reached and that the children have access to call her if necessary. Generally, divorced parents cannot exert that degree of control over what the other parent does during their visitations.
If a parent hasn't seen their children for 8 months can they lose parental rights?
In Missouri, when as father has had no contact with the child, by choice or by denial of access by the mother, for at least six months, the child can be adopted by a stepparent.
What is restricted visits mean?
The courts generally want to maximize the potential for the children to develop lasting, lifelong relationships with both parents while also considering the physical, mental, emotional, or moral health of the children. Restricted visitation means that the noncustodial parent's access to the child is restricted in some way. The specific restrictions will be outlined in the court order. It usually involves visitation with the child(ren) in the presence of the custodial parent or a hired visitation supervisor who is responsible for ensuring the safety of those involved.
