What can I do when the custodial parent violates the non-custodial parents visitation orrder? 1 Answers as of July 18, 2011
What do you do when the custodial parent violates the non-custodial parent's visitation? I live in Texas. MY daughter lives with her mother in Virginia. The mother of my four year old daughter continues to violate our visitation order. I filed for custody of our daughter last year and was granted visitation rights only. Though my lawyer suggested my case was strong and the court discovered that the child's mother had been lying about several things, I did not win the case. My visitation rights are as follows: 1 call to be made every Sunday at 5p.m. central time and any other calls we can coordinate full custody for three consecutive weeks in August ODD years: December 26-31 EVEN YEARS: one week for Spring Break and in December from the end of school until Christmas I am rarely able to talk to my daughter during the time scheduled, if at all. I sent the required thirty day notice that explained the time and place I would pick my daughter up on the day it states in the visitation order. Her mother says that she does not agree with my time. The lawyer I have spoken with about this suggested I tell her that I have already made permanent travel arrangements that cannot be changed. After telling her that, she simply said that she does not agree. What do I do if when I try to retrieve my daughter her mother refuses to allow me to take her? I have asked a lawyer for advice. The lawyer told me to call the police with my visitation order in hand. I called a cop that works in the area that my daughter lives and he told me that there wouldn't be any legal action that they could take and that I would have to go through a court system to resolve the issue. I will not have time to go to court the day after that weekend because I cannot make arrangements to do so on such short notice. I intend to set a court date by mail.
Raheen Law Group, P.C.
| Wali Raheen
Violation of court order is a serious matter. You should keep a precise record of her violations. You should take this matter to the court and if proven it could have some consequences for her.
Answer Applies to: Virginia
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