Buffalo, NY asked in Family Law and Child Custody for Nebraska

Q: My wife is keep my daughter from me claiming suicidal texts and claiming drug use. The texts were a week ago

The drug use is false as she just saw an old friend working in the garage and claims she can tell when I’m high

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2 Lawyer Answers
Vanessa Jean Gorden
Vanessa Jean Gorden
Answered
  • Divorce Lawyer
  • Lincoln, NE
  • Licensed in Nebraska

A: The answer to how to address this depends on whether you have a legal custody order (temporary or permanent) that provides you with parenting time. If so, then the mom is in contempt if she unilaterally decides not to send your daughter. If you are separated but no order is entered, you will want to pursue getting one so that you have enforceable time. Your best bet is to consult confidentially with an attorney about your options. Best wishes to you!

Julie Fowler
Julie Fowler
Answered
  • Divorce Lawyer
  • Omaha, NE
  • Licensed in Nebraska

A: If one parent is denying court-ordered parenting time from a Nebraska court order, the other parent can file a contempt action to ask for the Court's assistance to enforce the terms of the order and force the other parent to allow the time that was granted in the order. The parent denying time would then need to show their good cause for denying the parenting time or could be sanctioned by the Court.

There is also a motion to enforce parenting time. Some judges allow (and probably prefer) this motion filed over a contempt action. Other judges prefer the contempt method and won't hear a motion to enforce parenting time.

Either way these are two of the common methods to ask for the Court's assistance and getting the parenting time that is court-ordered.

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