Ex-wife will not send adopted son for visitation....next course of action

[NorthStar00]

What is the name of your state (only U.S. law)?

Alabama

When my wife's youngest son was 2 I adopted him (he does not know I'm not his biological father). I am the only father he has known. We divorced 2 years ago and she is refusing to send him for his summer vacation. She lives in the Southwest. Legally we have a schedule we abide by but she is threatening to violate it. What is my next course of action?

 

[Silverplum]

What is the name of your state (only U.S. law)?

Alabama

When my wife's youngest son was 2 I adopted him (he does not know I'm not his biological father). I am the only father he has known. We divorced 2 years ago and she is refusing to send him for his summer vacation. She lives in the Southwest. Legally we have a schedule we abide by but she is threatening to violate it. What is my next course of action?

File for contempt in the same court that issued the visitation order. You can't do so until she actually violates the order. Request makeup time and court costs.

 

[Ohiogal]

File for contempt in the same court that issued the visitation order. You can't do so until she actually violates the order. Request makeup time and court costs.

If she doesn't send the child, fly down to get the child. If she doesn't release the child to you for your court-ordered visitation, file for contempt right then and there.

 

[Just Blue]

One must ask why OP feels the need to qualify his post with "adopted" son as opposed to just son? One would think that a step-parent that loved and cared for a child to the degree to adopt said child would not qualify his post in this way. Makes one wonder.

 

[Zigner]

One must ask why OP feels the need to qualify his post with "adopted" son as opposed to just son? One would think that a step-parent that loved and cared for a child to the degree to adopt said child would not qualify his post in this way. Makes one wonder.

Perhaps he is worried that his status as the adoptive father will give him fewer rights than that of a natural parent?

 

[Just Blue]

Perhaps he is worried that his status as the adoptive father will give him fewer rights than that of a natural parent?

Perhaps that is it.
hopefully.

 

[PQN]

Perhaps that is it.
hopefully.

It probably is. I rarely mention that my kids are adopted except when I am seeking legal advice because sometimes it matters in that arena.

 

[Just Blue]

It probably is. I rarely mention that my kids are adopted except when I am seeking legal advice because sometimes it matters in that arena.

How does it matter? They are your children. Legally and in every other way. So WHAT is the issue in court??

I am honestly confused about this comment.

 

[PQN]

I guess our case was unique in that we were taking DCFS to court for not providing post-adoption support as required in our adoption agreement. The fact that the child in question was adopted from foster care was the key piece to that.

 

[Zigner]

How does it matter? They are your children. Legally and in every other way. So WHAT is the issue in court??

I am honestly confused about this comment.

The only reason *I* sometimes mention my child is adopted is because, if not for having been adopted, said child's conception would have resulted from a crime in this great state.

 

[Just Blue]

I guess our case was unique in that we were taking DCFS to court for not providing post-adoption support as required in our adoption agreement. The fact that the child in question was adopted from foster care was the key piece to that.

Yes. Your situation was much different from OP's.

 

[justalayman]

or maybe the mother is insinuating the father does not have the same rights as a bio-dad because of the adoption and the OP is not confident she is not right so he thought he should include that fact.




Northstar:

if you haven't figured it out, being an adopted parent means you are not the biological parent but regardless of that, you are still the legal parent and have all rights as a parent.

 

[Just Blue]

if you haven't figured it out, being an adopted parent means you are not the biological parent but regardless of that, you are still the legal parent and have all rights as a parent.

That was my thought. Hence my posting. If OP is the father by LAW why does he, or any person who adopts, quantify that gift?

 

[TheGeekess]

That was my thought. Hence my posting. If OP is the father by LAW why does he, or any person who adopts, quantify that gift?

It's not something they teach in high schools....

 

[Just Blue]

It's not something they teach in high schools....

Perhaps they should. Children are a gift. However they are gifted to your life.