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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> family access motion
Jun 09, 2011

Mens divorce lawyerQuestion:

My ex-wife is forcing me to communicate with her to arrange my visitation via her new husband, who has physically and verbally assaulted me.

Unless I communicate through him, I am unable to arrange visitation with my daughter.

Is there a law that prohibits my ex-wife from forcing me to communicate about parenting time with my daughter through her husband?


Dec 23, 2010

Question:

After we divorced, my wife disappeared with my son who I haven't been able to see in many years. Since I haven't been allowed my court-ordered visitation rights, I quit paying child support. Why should I pay child support for a son I'm never allowed to see?

Now the state has suspended my driver's license for being behind on child support. Since my ex is not following through with allowing me my parenting time, is there anything I can do?

Why can she deny my visitation rights but I am not allowed to quit paying child support?


Nov 29, 1999

Question:

I have 1/2 custody of my 2 kids from 2 different mothers. My son's mother has repeatedly refused me my custody, threatened to kill me, had a man threaten to beat me three times in front of my children (I have it all recorded) and filed false charges against me which have all been thrown out because I have every contact between us recorded. She is on trial for contempt of court that has been postponed repeatedly since 12/03. The courts do not want to listen to the evidence against my ex. I have even hired a 2nd attorney to file charges against her and he was denied. My son's mental and physical health is in danger and yes, his mom has spent time in a mental hospital but the courts will not listen. By the way, she is a foreigner from Peru and was to be deported until the women against domestic violence got involved and played games for 2 years and got a congresswoman to get her a green card. I am an American veteran that is being used as a check book and refused my son. I still have holes in my house that she put there in one of her temper tantrums and when I called the police one time and was hiding out with the kids at the neighbor's house. The police refused to do anything and threatened me with jail if they came back. Is there any justice in this country and would a class action suit against the state for not upholding the law concerning man and child endangerment along with physical and mental abuse be possible? There is more to this but this will get you started. I have over 10 hours of video tapes and 35 hours of audio tapes from the past 4 years. Is there any hope of saving my children from their abusive mothers? My daughter's mother almost had the state of IL take her kids away from her but here in MO I was told by the DCFS that she will have to beat her and it reported 8 to 9 times before they will do anything but if I ever do it once I will never see my kids again.

Answer:

I do not understand exactly what is presently pending before the court. If your ex-spouse is such a danger to the children you need to file a Motion to Modify for sole physical and legal custody. A Motion for Contempt can make up the time that you have been denied, but will not change the underlying physical custody arrangement. Finally, it is not common anymore in Missouri to file a Motion for Contempt for denial of visitation and physical custody. There is a different enforcement action called a Family Access Motion that is typically filed to enforce visitation. Family Access Motions should be heard within two weeks of service. The Family Access Motion is usually a fairly straight forward hearing. It is not a situation that you would be submitting hour of tape. The entire hearing usually lasts less than one hour.

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