Legal Question in Family Law in Mississippi

Too far from home

I have joint custody of my 14 yr. old daughter.My x has physicl custody,I get 2nd & 4th weekend & 4 wks in summer.This yr. I had planned on picking my daughter up on 6/5 for summer vacation.We are going to drive to yellowstone and then on to wash. st. to visit inlaws.On 6/4 my ex calls to tell me she does not FEEL COMFORTABLE with her going that far from home and she could not go.There is nothing in our papers giving her that right.I cant drag my daughter out of her house.What can I do?We leave in 2 days I want her to go with us.I am current on child support and in compliance with divorce decree 100%.I nor my wife drink or do any drugs.My daughter told me she did want to go.This is not the first time my x has prevented visitation because she saw fit. Please help!


Asked on 6/07/04, 6:55 pm

1 Answer from Attorneys

Jeffrey Padgett Padgett Law Firm, pllc

Re: Too far from home

If possible, try to get your divorce lawyer to write a letter to her lawyer spelling out the situation. Get a certified copy of the decree. (Go to courthouse...say, "I'd like a certified copy of my divorce judgment".) Ask local law enforcement to enforce your "certified paperwork". (Very long shot, but I have seen it work)

Other than that, if she refuses to give you your visitation, and you complied with all notice requirements (in writing in advance usually), then your only remaining alternative is to go without her and then file contempt charges against her.

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Answered on 6/08/04, 6:41 am


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