how to file additional dates on a motion to enforce for visitation

[FM step mom]

I am from Texas and "OUR" ex-wife refuses visitation stating that my 8 year old step daughter gets a tummy ache due to being nervous about coming. Side note she is very happy while here it is when she is with her mother that problems come up. We have filed papers with the court for motion to enforce but since then another visit was missed. My question is how do we add additonal dates to already filed orders or do we file new papers for newest weekend missed?

 

[GrowUp!]

I am from Texas and "OUR" ex-wife refuses visitation stating that my 8 year old step daughter gets a tummy ache due to being nervous about coming. Side note she is very happy while here it is when she is with her mother that problems come up. We have filed papers with the court for motion to enforce but since then another visit was missed. My question is how do we add additonal dates to already filed orders or do we file new papers for newest weekend missed?

If there is an order for parenting time and the other parent is not fulfilling their requirements of the order -- AND the parent who's receiving the child IS attempting to exercise their parenting time -- then the parent who was denied their time is to file a Show Cause for contempt motion.

 

[Just Blue]

I wouldn't be too concerned with every single detail. If you feel the need (or get a chance to), bring it up at the hearing. Good luck!

Hey "gurl"....Please do not advise others. If a parent is being denied COURT ORDERED visitation EVERY INSTANCE should be documented.

Why don't you answer the questions on your OWN thread instead of posting bad, useless "advice" to other threads??

 

[profmum]

Do you have a hearing date yet? Depending on when your date is, I would document and file every instance of a missed visit , reasons why (so if the hearing date is 2 months, document the missed visits and file in the required time etc?)

 

[FM step mom]

Filing....

We filed one date for the end of the school year, but we are going on our 3 visit since Summer and I want to make sure they understand that she just refuses to show up currently and how much time we have truely missed out on. We have two children as well and my daughter is heartbroken and it is killing me. I just want to make sure we get to make up the time or she gets punished properly.

 

[Ohiogal]

We filed one date for the end of the school year, but we are going on our 3 visit since Summer and I want to make sure they understand that she just refuses to show up currently and how much time we have truely missed out on. We have two children as well and my daughter is heartbroken and it is killing me. I just want to make sure we get to make up the time or she gets punished properly.

As for the other poster, I won't even respond as I don't to my husband "EX WIFE" you must be an obsessed mother who hurts her children instead of doing what is best for their children, or you wouldn't be on here posting pointless comments. People are here to request real answer no get responses from bitter women.

As for what she said, do NOT go into court. YOU legally did not file anything. YOU legally are not missing visitation. That is a legal clarification that you really need to understand. WE did not miss anything. WE are not going on our 3 visit -- YOU cannot make sure they understand anything. Has your ex gone to pick up his child for his visits. Has he demanded her? Has he done what is necessary to get his child? If he has not gone to mom's house she may not be found in contempt for withholding visitation.
Go ahead -- say that i am a bitter woman. PLEASE say that. And then watch you get no help from one of the few attorneys on here.

 

[FM step mom]

Court date

We filed them the first week of September she was suppose to be served last week but of course avoiding that, since she has no job. It really only cost $20 to file more dates so I will do that today.

 

[FM step mom]

Court

I am only involved behind the scenes, my husband does all the talking to the ex wife unless the phone rings at the house and i am the only one here and he does all the driving 2 1/2 drive to meet, and I am just the step mom that does the fun stuff, or not so fun stuff like laundry, cooking, and cleaning.

 

[profmum]

We filed them the first week of September she was suppose to be served last week but of course avoiding that, since she has no job. It really only cost $20 to file more dates so I will do that today.

Piece of advice, you will get great advice on this forum, but stay away from the use of the word "we", all the posters are saying is that legally that as a stepparent, you do not have any rights to this child and keep it between your husband and his ex in the Courts.. only way to go.

 

[FM step mom]

Husband

He does everything he is suppose to do and when she calls to say she isn't coming to the meeting spot he tells her i am still going if you choose not to come then you will have to suffer the consquenses.

Please understand I need help only to help my husband and my children from there hearts breaking, when my step daughter does come. My husband has always done what he was suppose to do but over the last year or so more so since the mom lost her job she has nothing else to focus on by the daughter and making us miserable. Some weeks we could have 50 phone calls if not more. At times it feels like she lives in my houe and you can bet that the week before step daughter comes there will be at least 50 phone calls and lies about everything and says she will bring her all the way we go ahead a plan to meet half way because she never follows thru. My husband is now just telling her we are just going by the paper, and when she gets mad at him she calls me at home, cell and at work until i answer. I tell her the same thing and that she need to talk to her dad but nothing seems to work to get the phone calls to stop.

 

[Ohiogal]

He does everything he is suppose to do and when she calls to say she isn't coming to the meeting spot he tells her i am still going if you choose not to come then you will have to suffer the consquenses.

Please understand I need help only to help my husband and my children from there hearts breaking, when my step daughter does come. My husband has always done what he was suppose to do but over the last year or so more so since the mom lost her job she has nothing else to focus on by the daughter and making us miserable. Some weeks we could have 50 phone calls if not more. At times it feels like she lives in my houe and you can bet that the week before step daughter comes there will be at least 50 phone calls and lies about everything and says she will bring her all the way we go ahead a plan to meet half way because she never follows thru. My husband is now just telling her we are just going by the paper, and when she gets mad at him she calls me at home, cell and at work until i answer. I tell her the same thing and that she need to talk to her dad but nothing seems to work to get the phone calls to stop.

Ignore mom. If she keeps calling your cell phone get a restraining order. Make sure dad notes EVERY individual incident. They are each a different moment of contempt.

 

[FM step mom]

Phone Calls

Well, ignoring the phones calls was easier said then done, but we did after speaking to a counselor and she recommended no communication for awhile since we stopped taking them she hasn't showed up for one visit because in her words we won't communicate with her. We took the step daughter to the counselor due to what mother was saying that daughter doesn't want to come and that little sister who is 4 picks on her, and things like that we were taking her for our peace of mind and give her the step daughter a place to vent or just talk. The counselor told us the mother has to be making this up she loves being here, loves her siblings but her sister can be annoying and they talked about that is just how little sister are and it went well, but a month later me and my husband over heard her the step daughter on the phone talking to her mother saying things that weren't true, about her visits, and about her dad, sister and me the step mom. It concerened us so we took her back to the counselor and the counselor talked to her about this and told us she is just doing what her mother wants her to do to make sure her mom knows what team she is on, and not to worry so we haven't. I feel like her mother makes her feel guilt and when she leaves our house she is happy but after her mother puts her spin on things she isn't. Any advice on that. It seems since not allowing the harassment the step daughter and us are being punished but it was hell when we were taking the calls. Just can't seem to simplify things or make it easier on us or her.

 

[Ohiogal]

OP I just spent several moments responding to you through a PM only to find out when I pushed send that you do not allow PMs. Turn them on in the future so if you Pm someone they can respond to you the same way.
short answer: reread what i wrote on here. And realize that tone is not always able to be determined by words.
Oh and just to add -- if you make me angry, you will most definitely know it. You haven't though.

 

[FM step mom]

Private Message

Sorry I thought i did and just did it again.

When I said I, I mean my husband he just wants me to fax over and file another motion to enforce for this last weekend. I was trying to make sure that is what he/we need to do. This is very much my husband deal and I am just trying to be supportive and help in any way that I can. My husband works at a job he can not research or any of that while at work we looked last night and the only thing we found was this forum and that is why I have been responding.

Thank you very much for your help.

 

[Ohiogal]

Sorry I thought i did and just did it again.

When I said I, I mean my husband he just wants me to fax over and file another motion to enforce for this last weekend. I was trying to make sure that is what he/we need to do. This is very much my husband deal and I am just trying to be supportive and help in any way that I can. My husband works at a job he can not research or any of that while at work we looked last night and the only thing we found was this forum and that is why I have been responding.

Thank you very much for your help.

Be sure that the court ALLOWS faxed filings. Some do not. They normally want originals on file and a fax will NOT be an original.