Q: If a court order (family law) has been filed and served and no court date has been assigned yet due to back up in courts
Parents of children unmarried split. father went to court to establish custody and parenting time as the mother is trying to dictate how and when he can see the them. So far a docket # assigned but the court date is in process. (custody/parenting time). mother is keeping kids from father because he got a girlfriend and won't "do what she wants." Which means he would not see the children until court. and there is no court date assigned yet just the docket#. is there a temporary motion or a way to order her legally let the father have parenting time before the ACTUAL first court date happens? Is there ANYTHING that can be done about this or does he have to lose seeing his kids until they get a court date?
A: Your question is confusing-Did you file a Petition? Or did the Court enter Orders? If there is a violation of a Court Order there can be a Contempt Complaint filed and served to address the violation. If a Petition or Complaint was filed by you ,then you would need to have it served upon the Defendant with the Summons and depending upon whether it has already been served and return of service filed with the Court you can either await the assignment of a pretrial or case management conference or file and serve a Motion and Affidavit in Support stating that there is a withholding of visitation not in the child's best interests. This all can be complicated and is the reason you should seriously consider engaging counsel to represent you.
1 user found this answer helpful
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.
