If it is a Court approved visitation then She is breaking the law. They don't need a lawyer to enforce the law...Depends on what state you live in they can can go to either the Sheriff's dept or Child enforcement to either have her arrested for contempt of court.<br />
In Washington State(other ones also) The mother can be given 3 days in jail for denying visitation. Once visitation is set by the court the mother cannot deny any visitation, even for non payment of support. Tell them to go to the Child enforcement in whatever state you live in and file a complaint and they will go to court for you free of charge.
I see no reason why being poor means you can't see your child.
That's sad and untrue.
I think the main point here is :<br />
"- The mother is threatening to deny visitation in direct violation of the court approved parenting plan."<br />
If it's in violation of a Court order, go back to Court. I don't know the American system, being in the U.K., but surely you don't need a lawyer to bring the problem to the attention of the Court ? Simply a polite letter ?<br />
I meant a letter to the Court, not the Mother - she sounds quite unreasonable !
If the visitation is court ordered then there is no argument. You have the right. Are you sure it is necessary to have a lawyer to file a grievance? Your financial status may impact you suitable as a caretaker (i.e. custody) but has no bearing I am aware on visitation.
No your both have a right to your child if you choose to be a part of her life. She's lucky you choiced to stay. I would hope she understands your circumstances but you need to do better to help yourself only then can you help the child. She has no right to deny you the right too see your child just for your joblessness and hardship.
ba<x>sed upon your scenerio it seems visitation should be permitted. If she withholds it- he should call the cops and show them the order. BUT- if there is a support order which he can no longer honor BUT he failed to have changed by the court some jurisdictions allow the custodial parent to withhold the child until arrears are paid.
Pursuit of a degree is "employment" as far as the law is concerned. Just play nice, no snide remarks- "yes, dear", "okay"... if you've no drug issues and you're currently enrolled in school, no judge will deny you parental rights as you are setting a better example than most.
don't compromise with the visitation. If she does try to change something then keep a record of it. Contact your local child enforcement and talk to them.They can help and also be the middle man in all of this.Personally I would also make the payments through them also for support so that there is always a record...and it is free.
I'm only saying to be polite to her to keep her in a mood less likely to induce long lasting bitchyness. You do still need to take as much legal action as possible. The courts will frown on the child not having its own room to sleep in. That is all. Douwant2rock has it right.