What can I do if my son's mother is not complying with our court order visitation orders?

Asked almost 4 years ago - Modesto, CA

We are supposed to meet every Friday evening and exchange our son; however she does not have a car or liecence so she has to rely on her mother to take her. So I end up only seeing my son about once a month.

Attorney answers (3)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . It sounds like you have to change arrangement if you want to see your son. Why not just pick him up at her house. She will not need a car.

    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 California. Responses are based solely on California law unless stated otherwise.

  2. Lori L Short

    Contributor Level 11

    Answered . Since you are both supposed to follow the order exactly, you should probably seek to modify the current order (through an Order to Show Cause) so that you can arrange different transportation. Also, if you want to take legal action against the mother, you could speak with an attorney about bringing a contempt motion so that she has to answer to the judge about why she is not providing more regular and frequent visitations. However, this is pretty drastic and it seems that if you both agree to change the current arrangements, you could, instead, file a Stipulation with the court that changes the order and doesn't require you to appear before a judge at a hearing. An attorney can help you with all of this or you can go to http://www.courtinfo.ca.gov/selfhelp/family/cus... to learn more about the process.

    Best wishes!

    Disclaimer: I hope you found this information helpful. If you did, please indicate so with a thumbs up. However, this answer is provided for general informational purposes only. This answer does not constitute legal advice and should not be relied on. Legal advice can only be provided after consultation with a licensed attorney in your state with experience in the area in which your concern lies. This is so because each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and/or documents at issue. This communication does not create an attorney-client relationship.

  3. Joseph Torri

    Contributor Level 17

    Answered . You can set an order to show cause to modify the court order. Perhaps you can pick your son up since she does not have a car or license. You should try to negotiate a better arrangement with her and get the court to order that new agreement. It sounds like seeing your son is important to you. Do what it takes so you can see him more often.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,556 answers this week

2,979 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,556 answers this week

2,979 attorneys answering