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Father hasn't seen children in two years, what can he do?

Your Question:
The mother refuses to allow my husband to see his 3 children, we've been through the police they say there is nothing they can do. She recently moved to WV(we live in NC) she states on the phone that we can see the children, and then changes her mind. This is the same thing she did in NC. She states the only time she HAS to let us see the children is on Thanksgiving and Christmas. She will not allow the 6 year old to call and speak to her father. She has filed false charges on my husband and myself. All my hausband wants is to see his children, he has not been allowed to see them in 2 years. We just found out that she had moved them out of state. What can we do so that he can see his children, that does not iinvolve moving to WV???

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My Answer:

If the orders specify that the father is to see the kids on specific dates and at specific times, then it's time to file for contempt. It's a tough thing to do successfully, so consult an attorney.

If the orders are vague as to when the father is to see the kids, file for a modification of the parenting plan (i.e., visitation), and use the on-going problems as evidence that the orders need to be specific. Build the case appropriately with affadavits and evidence. Once orders are more clear, and if they're still ignored, then file for contempt.

Check on audio recording rules in the two states. If they're one-party recording laws, you can record the mother saying those things, and use the certified transcripts of the conversations as evidence.

If the mother is found in contempt, and if she continues to block access, then file for a custody change.

That's really the only path to force a change in this situation. Unfortunately, this has been going on for two years, and a court may wonder just how serious this father is about being a father. That's a VERY long time to not have seen one's kids and not have gone into a court to try to change it.

Sorry that's happening, and good luck.


This website gives common sense advice that is not intended to act as legal guidance nor psychological guidance. The author is neither an attorney nor licensed psychologist. For specific legal guidance or specific psychological guidance, consult with a licensed professional.

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