Interstate rules & Assistance with Dads rights Please?

[luv2luvmzt]

Its a long story but here is the just of it all my fiance and I were really great friends for the last 4 1/2 years during that time we were friends who had other lives going on I know its crazy but it worked for us at the time, I found out I was pregnant with his daughter and we decided to settle down together, well shortly after he found out that he had gotten his X pregnant. My daughter was born 2weeks prior to their son. My fiance was there for the birth of their son and she even named him after him, although he made it very clear he wanted to remain a part of his sons life and remain only friends with her. Well that was 1 year ago, I think she is a little nuts, we have only been able to bring Jr to our home once when he was about 6 months old prior to that she kept telling us he was busy, or when my fiance would call she would get irate. A child support order went into effect in Feb of this year and he has not missed 1 payment they take it directly out of his check, while he was at the courthouse the caseworker told my fiance that he did not need to fill out visitation papers he had automatic visitation and just to follow the brochure they gave us. My fiance has had many arguements over the phone with his X all in all she does not like him with me although Ive never met her, he told the caseworker he would prefer a medium and the caseworker told him I was a great medium just to be the one who calls and tells the X we are coming to get AJ at 6pm Friday and will return him to her on 6pm Sunday. However the X is NUTS she goes ballistic every time Ive asked her if we can come pick AJ up via email!! Shes blocked me from asking her after she replied rudely AJ is unavailable until his father calls her? 2weeks ago he ran into her at the court house while he was filing custody papers on his older son, and he simply walked up to her and said Im coming to get AJ Saturday at 6pm my caseworker said I have that right, SHE WENT OFF on him in front of everyone telling him hes never getting his son because hes never going to change blah blah blah. That has nothing to do with seeing his son? What can we do? Shes also taking AJ to MN in 2 weeks for a vacation, which we heard thru mutual friends does she have the right to just take him out of state without my fiances permission. She lives in MI, we live in IN about 35mins away and the caseworker had told my fiance the only time his sons can leave the state of MI is when he comes to our home. The caseworker told him he does not need to file visitation papers on AJ that we could just go get him every other week with 24hrs notice. What can we do asap?

If the two of them cannot agree then he does need to get an order and it will set out times and rules that govern the visits.

Sounds like it may be be needed now.

The order is already in place shes just not following it My fiance does not want to just show up at her parents house where she lives and demand his son it could cause havoc.

[momintrouble]

your fiance needs to start documenting everything. find out if it is legal in your state to tape the phone conversations with one persons knowledge. some states, both people have to know and some, only one has to know. DO NOT TAPE PHONE CONVERSATIONS IF YOURS IS A 2 PARTY STATE WITHOUT HER KNOWING. gather all the documentation and take it back to court and have her found in contempt.

[PapaJohn]

Originally Posted by Unregistered

The order is already in place shes just not following it My fiance does not want to just show up at her parents house where she lives and demand his son it could cause havoc.

He doesn't need to show up and demand his son if there is an order as you state. All he has to do is show up and expect his son ready to go. What havoc could it cause? And if it does cause havoc by anything the ex's family does then that is on them not him. He is well within his rights to have access to his child. Their causing havoc only goes against them should the father go back to court, which is what I would suggest he do.

have the court order or document in hand, call the police before he gets there and tell them he needs an escort to get his son. Whny in the hell would tehy tell you to call her if she cant stand you? Of course she isnt going to go along with that.