Q: A judge court ordered the visitation, but my ex is not letting me see my kids on my weekend. Is this contempt?
How do I proceed to take action? I do owe back pay due to incarceration, we court ordered every other weekend to have kids. She had em weekend before so it’s my weekend. She stating just cause she didn’t receive child support payment that I’m not getting kids on my weekend?
A: She is violating the visitation order.
Visitation and child support are separate. That is, she had no right to stop visitation because you aren’t paying. Only the judge can modify the visitation.
She needs to go through the court/OCSE to address child support, not keep you from seeing the child. Since she’s withholding visitation, you would basically ask for a hearing to make her explain why she’s not in contempt for violating the court order.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.