Violation of Custody Orders

Tips on divorce for men considering or starting the divorce process. Get marriage separation tips for men in this divorce forum and child custody forum.

Violation of Custody Orders

Unread postby daddyisready » Wed Jan 03, 2018 5:33 pm

Seems like my divorce will never end. I'm over a year in. Okay I was supposed to have my daughter for Christmas on the 28th. I sent the ex an email on 12/04 letting her know I would be out of town, but would be back the next day. She has refused to give me my child. I came back the next day, started calling to pick up my daughter.

Kiddo hasn't seen me in over two weeks. The temp orders state what days I was supposed to have her. Now she's not answering calls. I've called her each day and sent her emails. I've also called the police on her 3 days in a row. They say they can't for her to give me the child because it's civil blah blah blah.

My question is, will the judge really do anything if we go back to court for an enforcement or am I just wasting my time and money. I literally want her to be arrested for not following the orders, but what are the chances.

Texas, Temporary Orders, I've got standard expanded custody at this point.
daddyisready
10+ Posts
 
Posts: 16
Joined: Wed Aug 16, 2017 4:47 pm

Re: Violation of Custody Orders

Unread postby a dad » Wed Jan 03, 2018 5:45 pm

You want her arrested for not following the orders because you didn't follow the orders.

What is it that you prioritized over your child?
User avatar
a dad
Moderator
 
Posts: 9729
Joined: Sun May 27, 2012 2:49 pm
Location: The Wild West

Re: Violation of Custody Orders

Unread postby dad2grls » Wed Jan 03, 2018 5:50 pm

If the police won't help you then you must either a) get an expedited emergency hearing with the assistance of a skilled attorney or b) give up on seeing your child.

I know what I'd do.
dad2grls
100+ Posts
 
Posts: 203
Joined: Sat Sep 22, 2012 2:27 pm

Re: Violation of Custody Orders

Unread postby Fatheroffour » Wed Jan 03, 2018 5:51 pm

I literally want her to be arrested for not following the orders, but what are the chances.


0%

You're under temp orders? What's next in the process for you, any court proceedings scheduled?
User avatar
Fatheroffour
Moderator
 
Posts: 36725
Joined: Fri Oct 12, 2007 8:37 am
Location: Top of the world

Re: Violation of Custody Orders

Unread postby changeofplans » Wed Jan 03, 2018 6:04 pm

What order is she not following? If I'm reading correctly, you voluntarily gave up your time on the 28th. Is it ordered that she give make-up time if you cancel? Is it ordered that it will occur the next day?

If not, then she is under no obligation to give you parenting time on the 29th just because you gave it up on the 28th.
changeofplans
100+ Posts
 
Posts: 140
Joined: Sun Oct 06, 2013 6:02 pm

Re: Violation of Custody Orders

Unread postby daddyisready » Wed Jan 03, 2018 6:53 pm

I had to go out of town for work, but my orders state that I get my Daughter from the 28th until the time she goes back to school which is the 8th. We both knew well in advance that I would be out of town that day. I let her know 3 weeks in advance. She's gone out of town and I've taken my daughter on days when I wasn't scheduled. No big deal. It was an end of the year work function out of town if that matters. It shouldn't, but does it. So the fact that I missed one day, does that eliminate the other week and a half I was supposed to have? Someone, please let me know.
daddyisready
10+ Posts
 
Posts: 16
Joined: Wed Aug 16, 2017 4:47 pm

Re: Violation of Custody Orders

Unread postby daddyisready » Wed Jan 03, 2018 6:54 pm

I was to have my daughter from the 28th until she went back to school.

changeofplans wrote:What order is she not following? If I'm reading correctly, you voluntarily gave up your time on the 28th. Is it ordered that she give make-up time if you cancel? Is it ordered that it will occur the next day?

If not, then she is under no obligation to give you parenting time on the 29th just because you gave it up on the 28th.
daddyisready
10+ Posts
 
Posts: 16
Joined: Wed Aug 16, 2017 4:47 pm

Re: Violation of Custody Orders

Unread postby daddyisready » Wed Jan 03, 2018 6:57 pm

In Texas, I had to do the home study, now that's over waiting on pre-trial. My pre-trial isn't set until freaking October. I don't think I'll make it until then. I want this woman out of my life so bad I can taste it. She's being a total B and thinks the world revolves around her.
daddyisready
10+ Posts
 
Posts: 16
Joined: Wed Aug 16, 2017 4:47 pm

Re: Violation of Custody Orders

Unread postby Chaos » Wed Jan 03, 2018 7:18 pm

No, she should have made the child available the next day. Personally I'd file a contempt motion, but I'd do it knowing it wouldn't do any good and I'd be wasting my money.

Basically setting the stage for next time.
If you can't be a good example, you'll just have to serve as a horrible warning.
User avatar
Chaos
Moderator
 
Posts: 2771
Joined: Fri Mar 15, 2013 10:21 pm

Re: Violation of Custody Orders

Unread postby Chicyn2001 » Thu Jan 04, 2018 9:36 am

As stated previously, the police aren't going to enforce that. Not their job. You can drag her into court for contempt but it's more than likely not going to go anywhere. I understand that situations can pop up and throw a wrench into your plans so I'm not going to judge you on having to be out of town for work and missing a day with your kid. When you told your STBX early in December you would miss one day and start your vacation time with your daughter the next, what did she say? Was she okay with it? Did she completely ignore you?
Chicyn2001
10+ Posts
 
Posts: 47
Joined: Mon Nov 20, 2017 12:15 pm

Next

Return to Before and During Divorce Forum

Who is online

Users browsing this forum: kylekleckner and 9 guests