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My ex-wife has kept my daughter from me for several years, going against a court order for visitation. What do I do?

River Falls, WI |

A guardian ad litem has been asked to step in twice. Each time, they ruled in my favor for visitation. Almost all exchanges took place in public at a local mall and each time the local police had to be called to help us because of my ex-wife's actions. Before the second guardian ad litem was requested, the judge denied our request for a contempt of court when my ex denied my visitation. Now, I am a full-time college student and haven't been able to afford to go back. I was also paying close to $500/mo in child support. It was recently reduced due to her failure to maintain health insurance for our daughter. She is constantly moving around and changing her phone numbers. Not only haven't I seen my daughter, but I haven't been allowed phone or mail contact. Everything is returned.

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Attorney answers 3


I am sorry you are going through this, but you should go back to court on another contempt, and ask that the court adopt the recommendations of the GAL , assuming they are in your favor. You can include a request that Mother keep you informed of her address and phone number at all times, so that you know where your daughter is. Also check your legal/physical custody status, Mother may not be able to move without your permission. Best of Luck to 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.


Unfortunately, proceeding prose may cost you the goal. It is very hard to know what to do and when to do it. So, even though the facts are in your favor, you don't succeed in court. My suggestion is to hire an attorney local. If you are back at school and with limit resources, you should contact the Wisconsin State Bar modiest means program. They my be able to point you to affordable attorneys in your area. I do suggest you at least look into that.


You should contact a local family law attorney immediately. If you have an existing order and she is disregarding it, you should file for contempt. If you wish to modify you may also do so. If the visitation order is less than 2 years old there is a heightened standard for modification, but it may still be worth a try. Retaining an attorney will help you flush out the facts and put forth your best case. Good luck.

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