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Mother refuses to let father have visitation; We live in West Virginia

This is a discussion on Mother refuses to let father have visitation; We live in West Virginia within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; my brother in law has joint custody of his 2 children. she has them 4 night and he has them ...

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Old May 23rd, 2011, 04:28 PM   #1
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Default Mother refuses to let father have visitation; We live in West Virginia

my brother in law has joint custody of his 2 children. she has them 4 night and he has them 3 nights. saturday the kids were suppose to be returned to him and she refuses to let him have them. she calls everyday and asks if he wants the kids and then she tells him too bad you cant have them. she has the child call and talk to family and he says he wants to come see his daddy and then she tells him no your not allowed to see him what can we do? what can be done. we live in Wv
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Old May 24th, 2011, 02:18 AM   #2
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Default Re: Mother refuses to let father have visitation; We live in West Virginia

I wish to inform you that if one parent is not allowing other parent to have child custody or visitation then that parent can be held liable for child support. In this regard parents whose rights are being affected can go to court and can have child visitation enforced and make liable other parent for contempt of court. If location of child is kept unknown then law enforcement can be informed about parental kidnapping.

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Old May 24th, 2011, 03:59 AM   #3
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Default Re: Mother refuses to let father have visitation; We live in West Virginia

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Originally Posted by knb392004 View Post
my brother in law has joint custody of his 2 children. she has them 4 night and he has them 3 nights. saturday the kids were suppose to be returned to him and she refuses to let him have them. she calls everyday and asks if he wants the kids and then she tells him too bad you cant have them. she has the child call and talk to family and he says he wants to come see his daddy and then she tells him no your not allowed to see him what can we do? what can be done. we live in Wv
There is nothing you can do since you are not party to the custody decree. Your brother in law is the one who has to take the ex back to court and tell it to the judge, He would bring a motion to show cause why she should not be held in contempt of court and if he chooses ask the court to modify the decree on the grounds that she is a withholding, non sharing parent and her actions are harmful to the children.
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Old May 24th, 2011, 08:09 AM   #4
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Default Re: Mother refuses to let father have visitation; We live in West Virginia

From the facts it is presumed that the custody arrangement is on the basis of a court order. Parties are bound to comply with the court order. If she hasnít allowed him to take the custody of the children then it clearly shows that she has violated the court order. Your brother in law can petition to the court for her appearance, to show cause why she hasnít allowed the custody of the children. If her explanation is not satisfactory then he can initiate for contempt of court proceedings against her. It is better advised that you may consult with a Family Law Attorney who can give a proper guidance in this regard.
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