What does he need to do to get an established visitation and holiday schedule? 1 Answers as of November 22, 2016

My son lives in another state. Daughter and her mother live in another. He has been paying child support since his daughter was born. An amount agreed upon by him and the child’s mother. The problem is visitation. The mother only lets my son see his daughter when she feels like it. He has never had her for 1 Christmas morning, not 1 Easter morning nor any Halloween. He's never had her 1 week solid during the summer. The mother is remarried with two other children. He doesn't have a lot of money. Any advice would be welcome. We are concerned now because the mother’s husband blames my son for his domestic disputes and is telling him he is in charge now and would prefer my son to walk away from a child he adores and lives more than life itself. The mother and her husband have a volatile marriage with drinking and physical abuse issues. My granddaughter who is 7 dreams of the day she is old enough to live with my son.

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
He needs to apply to the Court for a visitation order. He should check the child support guidelines first because he should anticipate her pushing for a modification of the support amount if he takes her to court for the visitation order. If there already is a visitation order, and she is violating it, he should file for contempt for violation of the order. IF the seven year old has legitimate reasons for the Court to consider her desire to live with her father, then he should consider a motion to modify custody. He would allege that the mother has not acted in the child?s best interest through her manipulation of visitation plus whatever facts his daughter can articulate. At seven, I'd not want her to have to testify (and most Judges would not), but a Guardian ad Litem can be appointed for the child. He needs to consult with an attorney.
Answer Applies to: Alabama
Replied: 11/22/2016
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