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I had my daughter dad on child support since July, since then his only picked up twice himself, my question is he never

San Antonio, TX |

See her the days he supposed to, and I been okay with him seeing her other days but he expects for me to drop everything for him, idk what else to do he isn't following the court order and im tired that he never there only when he wants what can I do, and what can I do to start building up a case and prove that he doesn't deserve the time he gets her

Attorney Answers 3


  1. I am sorry that you are going through this. Please keep a record/diary of what happens and if he does not follow the court order you may file a complaint for contempt type action against him. Take care and i do hope that things get better for you.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  2. Absent mutual agreement, you follow the court ordered Possession Order. If you don't understand the Possession Order, then pay for an hour of an attorney's time and have it explained to you.

    Unfortunately, many people can't work together. It's best when parents work together but if you can't then you must follow the court's order.

    You are required to be at the place the court ordered you to be at the time you are ordered to surrender the child. I normally suggest waiting 30 minutes. After that you are free to do what you want to do. He forfeited that visitation period.

    Keep a detailed written log of each visitation period and the time he picked her up and if he did not show up.

    Since you have been not following the court's order, you need to notify him (preferably in writing so you can show the judge) that from now on you intend to follow the court's order since the mutual agreement is not working.

    You need a series of no shows (I'd say at least 6 or more) to show a pattern & to make it worth the effort of hiring an attorney to modify this court order. Of course, he is going to say that YOU are the problem so I would want "all my ducks" in order. Ideally, if you can have an impartial witness that is willing to come to court to testify to what happens at each beginning and ending of the visits that would be wonderful to have an impartial set of eyes & ears so the judge can hear it in the courtroom.

    I hope this information is helpful.

    Merry Christmas!


  3. Keep careful records using a calendar noting times and dates of pick up and drop off or lack thereof. Consult with a local experienced family court lawyer for assistance. When you have enough information according to your local lawyer, then you can consider filing a violation petition. Make sure you can win the petition before you file it.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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