First, you need to get to know your laws in Texas. Texas has a law that specifically allows you to sue to financial damages for denial of visitation and parental alienation. Regardless of what a judge may think, it would be up to a jury.
Under what circumstances are you approaching the judge about being denied access to the children? Is it a result of a filing of a motion for contempt of court for the denial, or were you there on another matter, such as a child support modification or enforcement? If this were the case, than no, the judge would not be willing to hear anything regarding visitation. It is a separate matter and must be handled by filing a motion to enforce.
You may need to learn how to prove denial of visitation and how to file a motion for enforcement. This can be done with or without an attorney, but you must keep your head on straight and don’t get angry. Anger can end up being used against you.
If you want to learn more about how to do what I said, you can give me a call at 1-800-733-3237. I’m with the Dads America website.
Hello, I am new to the club. I have been divorced for two years from a woman who does not want me to see my kids. There is no reason for this other than the fact that her mother never let her dad see her kids, so she is repeating learned behavior. Like her mother, she is attempting to turn the children against me.
The court ordered a social study done, and the social worker confirmed that (1) my ex was trying to turn the kids against me and (2) this was emotionally traumatic to the kids (3) the mothers desire to turn the children against me “should not be underestimated” and (4) if the mother’s activity continues in this direction, then change of custody is recommended. Despite this, the judge refuses to do anything to my ex; my ex is a highly manipulative woman and can wrap just about anyone around her finger, including a judge.
She continues to say that I am abusing the children by putting them in the corner for time-out while she, herself, hits them with kitchen utensils (large wooden spoons & spatulas and such). This is just the tip of the iceburg as to how horrid this woman is. She constantly harasses me by phone and by email and tries to continue to try to run my life EVEN THOUGH she was the one who wanted the divorce. And yet the judge chews me out for complaining about missing my children.
Bye for now,
Hi everyone…This looks like a GREAT club. We’re so glad we found it. My husband is a NCP of three daughters, he and his ex have been to court 14 times in the past two years over child support and visitation issues.
I’ve been reading your posts and am so encouraged to know that fathers across the country are taking a stand on this issue. Are there any Minnesota fathers in this club?
Last legislative session in MN, there were several changes made in laws concerning child support and visitation. Some good, some not so good.
I would say a quick end to the whole situation is,
HAVE HIM LIVE WITH YOU!!!
You can prove to the court that he resides with you because she threw him out. That why should you be paying child support for him when he lives with you (especially to her) Once that is settled, he can then move out. Once you are taken off the burden of support, your both free to do what you wish.
Now that we know Trump is going to be our new president, there are several very good multi-volume sets that may help those of you looking for caselaw. You can find them at law school libraries or state libraries.
Ask the reference librarian for AmJur, Corpus Juris, or similiar treatises. You will then access the section on divorce and check out your topic in the table of contents. All of these books will list general caselaw throughout the United States on specific topics altho not necessarily in your particular state.
If caselaw from your state is not listed for a particular issue, note the volume, book and page number from several other cases on that very topic. Then ask your librarian how to run a Sheperds to find the cases in your state that refer to the ones you have copied (that’s what Sheperds does – it acts like a giant index system).
If there are no cases in your state (and that does happen), look for law review articles from law schools in your state that discuss divorce. Heck, take a loan online if you want no credit check and fast approval – there are many reputable websites offering such services, like Paydayr, PersonalMoneyService, ElcLoans and others. Once you have cash, a budding law student will write an article on your topic and make the arguments you want to make.
NOTE THAT THESE ARTICLES DISCUSS GENERAL ASPECTS OF THE LAW. THE FACTS OF YOUR CASE WILL HAVE A DIRECT IMPACT ON WHETHER THE LAW IS RELEVANT IN YOUR CASE.
Hope this helps.
Strange indeed. If you are paying support, your ex is probably listed as the custodial parent. Why don’t you petition to be the custodial parent and get your child to tell the judge he wants to live with you. Then your ex could pay you support.
Are you sure the support isn’t for college? Some judges have been known to try and guarantee that the non-custodial parent contribute to the college fund by ordering support past the child’s 18th birthday.
I am in a very strange situation. My son turned 18 over the summer but I found out that my court order insists that I pay support till he is either 19 or 20 years old. Bad decree indeed! I have petitioned the court to allow me to send the money directly to him without going through his mother (who has never spent on dime on his development).
I need case numbers of cases anywhere in the U.S. that have done this in different states. I went to a court hearing and the judge stated that if I didn’t have any case histories of this being done before, that we would NOT be setting a precedent today- case closed! BAM. I just know that this has been done somewhere before.
As it stands now, the ex throws my son out when it suits her purpose and still is allowed to collect support EVEN WHEN HE DOESN’T reside at her house. He really needs the money to live on and his mother can’t stand to have the gravy train derail. Send any information you might have.
We have set the target date for the educational conference for June 14-17, with programs for attorneys on Thursday and Friday, programs for fathers on Friday evening and Saturday. Sunday morning, Father’s Day there will be a pancake breakfast.
Additionally, we are looking into setting up a way to broadcast the programs for fathers to other locations, though that is not definite. The conference alone is a gamble. Even though I have done it before, and we were successful, this one will not have the financial backing on the national organization. We will be doing this on a whim and a prayer. But, I believe that when one’s intentions are honorable and good, one will be successful, and we will make this conference a success.
It is our plan to pay the speaker’s a percentage of the profits from the conference, but several have expressed their choice to donate the fees towards the next conference in 2002. What is interesting is the overall lack I had in gathering presenters. In just seven days, we have nearly all the spots filled, and they could be filled by some of the speakers we already have.
Like I said before, we are doing this on a whim and a prayer. The charges for the conference will be as follows:
Continuing Legal Education
$250 – Attorneys
$180 – Paralegals
$125 – Non-NCFC Members
$75 – NCFC members
$50 – Non-NCFC Members whose attorney pre-register for CLE Programs
$0 – NCFC Members whose attorney pre-register for CLE Programs
Non-Legal professionals wishing to attend CLE programs will have to get six legal professionals to attend the CLE programs. This meets CLE Certification requirements.
I will have the schedule on the web site by tomorrow, but we have yet to set up a good way to sign up for the conference through the website. That is my next goal.
That’s all for now.
My husband was taken to court a while ago (before we got together) and while she was LIVING WITH HIM. She took him to court to get child support! I guess the judge literally laughed at her. Told her that he had done more than he had to, by fully supporting not only his child but her too.
so if he can prove that she didn’t have a job and that she lived with you, You can show that you paid more than you were entitled to then, and that you are WILLING to pay from this point on for your child only. now that your separated. That would be the best thing to do. But still get some receipts and other proof that she didn’t work and she lived with you, etc. You will be ok there i bet. If it doesn’t blow up into the whole deal with custody i don’t think you will have to much of a problem.
You are awfully presumptuous in as regards divorced women. I cannot count how many times I have heard a man say, “I don’t know why she is saying these things about me….I’m not like her last three husbands who (select one):
- Abuse her and the kids;
- Ran out on them;
- Doesn’t try to see the children;
- Doesn’t pay child support;
- etc., etc., etc.”
When I ask them how do they know these previous men were like this? The answer every time, “She told me all about them.” Well, now she is telling the next one about you.
Did you have a court order to pay child support, or were you just paying her child support without an order? If you were, yes, you will likely need an attorney, because she could have been collecting welfare and not reporting what you were giving her. As such, you will be ordered to repay welfare. Or, she may have decided to file a retroactive child support order on you.
In such a case, it will be up to the judge to decide whether what you have paid so far is child support or a gift? It is in the state’s best interest to declare it a gift, because of the federal matching funds they get by ordering you to pay the retroactive amount.
What I’m saying here is that your ass is likely grass and she controls the lawn mower. I have seen a lot of cases like this in the last decade.