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looking for some advice.

Posted by on Aug. 22, 2013 at 10:53 AM
  • 5 Replies
I have four children from a previous marriage. Two of which are still considered minors (where I live the legal age of consent is 21). My ex and I have joint custody with him having physical custody. Recently my ex tried to get a conservetorship for my 20 year old son without letting me know about it . I found out in time and was able to go to court and let the judge know that I did not see a need for my son to have a conservetorship. A Guardian ad lieden (sorry I'm not sure how to spell that) was assigned to my son and we have to go back ro court in Nov to hear her findings and to get the judges ruling on them matter. My problem is that now my ex is preventing me from having my court ordered visitation with my son. I was supposed too be able to pick him and his 17 year old brother up for my weekend visitation the Friday After the court hearing but my ex said he didn't think it was a good idea and my boys were to afraid to go against him. This weekend i'm supposed to pick them up again. My ex has relented and is allowing my 17 year old to come but has said that because my 20 year old is not forced visit me he is not allowed to visit. To explain things a little better my 20 year old has Aspergers (which is why my ex thinks he can get a conservetorship over my son) That means that my son's social skills are not that will developed in fact he dose not want to socialise with people he dose not know he dose not like new situations or change and Is very uncomfortable with any situation that is new or different and he dosen't do well with conflict. He has always been scared of his father and is easily intimidated by him. He can however take care of himself and make his own decisions. The thing is I want to press contempt of court charges against my ex for preventing my visitation with my son but I don't have the money. My husband and I already had to come up with 500 that we didn't have to pay for the Guardian ad lieden. My attorney for the conservetorship is a friend and is providing his services free of charge and I can't ask him to-do the contempt of court too I could go to legal aid but I don't trust them I used them for my divorce and it didn't go well. They might be alright if. Your not going up against someone like my ex who is very smart has more money then I do and absolutely despises me and will do anything to win. So I guess my question is this. Is it worth the aggravation and expense and emotional toll of filing contempt of court charges, or should I just let it go hope the judge denies the conservetorship or at least. Makes someone other then my husband conservator and the wait till April when my son turns 21 and his dad loses all legal control?
by on Aug. 22, 2013 at 10:53 AM
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Replies (1-5):
sunpeaches1
by on Aug. 22, 2013 at 11:00 AM
Go to designated pick up at designates time w the copy of court order visitation schedule. If ex refuses, demand again that this it your scheduled visitation time as indicated in the court order & if he is going to refuse to abide by the order you will call the police. If he still refuses call the police. They will force him to abide by the order.
You must also keep strict records of these accounts to take w you when you return to court.
feelingcrazy07
by on Aug. 22, 2013 at 11:25 AM

Hi i also have a son with asperges and is learning disabled, he gets very intimidated and easily influenced , you said your son was afraid of going against his father so who knows whats going on at his dads house. I dont know about the legal things but i would fight to get to see your son you need to know whats going on and if hes ok. I dont know if i would wait and leave it up to a judge you never know which way a judge will decide. Good luck! stay strong! and i wish you guys the best!

amonkeymom
by Platinum Member on Aug. 22, 2013 at 1:35 PM

Welcome!

I agree with sunpeaches1.  If he still persists in not allowing visitation with your son, call the police.  If that doesn't change his tune definitely file contempt charges.

Talk to your attorney friend and ask for his advice in this matter as well.

hugss
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by Emerald Member on Aug. 22, 2013 at 3:06 PM

I agree with this too,
Good luck  ;)

Quoting sunpeaches1:

Go to designated pick up at designates time w the copy of court order visitation schedule. If ex refuses, demand again that this it your scheduled visitation time as indicated in the court order & if he is going to refuse to abide by the order you will call the police. If he still refuses call the police. They will force him to abide by the order.
You must also keep strict records of these accounts to take w you when you return to court.


Reina13
by Gold Member on Aug. 25, 2013 at 12:23 PM

I absolutely agree.

Quoting sunpeaches1:

Go to designated pick up at designates time w the copy of court order visitation schedule. If ex refuses, demand again that this it your scheduled visitation time as indicated in the court order & if he is going to refuse to abide by the order you will call the police. If he still refuses call the police. They will force him to abide by the order.
You must also keep strict records of these accounts to take w you when you return to court.


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