What can be done if the mother of a child is refusing to let the father have their son even though it's in the parenting plan through the courts that he gets him on the weekends. I'm not sure what the father can do or legal action can be done so the mother has to let the father have his son.
If the mother is not allowing you to take your son for your scheduled visitation, she is violating the terms of the parenting plan and can be found in contempt by the court. If she is found in contempt, it is also possible that Second Degree Custodial Interference charges would be brought against her. I suggest you retain an attorney right away to assist you.
There are a couple of options.
First, you could bring a motion for contempt, and seek makeup time and your attorney fees. Ask the court to also make a finding that she failed to comply with theresidential time provisions in the parenting plan. Two such findings within three years could be grounds for a custody change.
Second, you could consider asking the prosecuting attorney to charge her with custodial interference (which is a criminal offense). It's up to their discretion whether to bring those charges.
In most cases, just writing to her politely (a judge may be reading your communication some day) protesting her actions and warning that you will go to court unless (fill in what you want her to do: get back on track, makeup time) will be sufficient.
If this answer is helpful or the best answer, please say so. Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.
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