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I live in Morgantown, WV. My daughter and her mother lived here until she was three years old. Before leaving the state for Texas her mother and I had a prenting agreement thru the courts here in WV. However, about 4 years ago a hearing was held in Texas (without my knowledge) and the jurisdiction was changed to Texas. A new parenting agreement (which was vitually the same) was mailed to me from her mother. Since then her mother has not obeyed the parenting agreement at all. No one answers the phone when I call and my letters go unreturned. I have not seen my daughter in three years and after taking her mother to court here in Valdosta several other times I really dont have the money to go thru this again. I have called the police in Arlington, Valdosta to do a Welfare Check only to have it returned with "Ms. Newlin and the child are ok but they do not wish to have any contact with you". I want to see my child but dont know how to go about doing this in a legal manner; especially without spending a bunch of money. I dont have any drug or alcohol problems and there has never been any type of abuse. I have two college degrees and have held the same job for the past four years. I am NOT behind in child support payments. Someone please help. What are my rights and whatcan I do to have the agreement enforced?
Without a lawyer, you can do nothing and even then, you will have to go to Texas to get things fixed. Save up every single dime you can and then get that lawyer. Go to court in Texas and ask for full custody of your child with supervised visitation only for the mother. The judge will want to know why and that is when your lawyer raises the issue of "parental alienation". Explain that the mother refuses to let you see your child and will not permit any kind of contact at all, therefore you are forced to ask for full custody, with the child returning to your state. Not only that but you should also ask for the mother to pay the full cost of counseling for the child because of the mother's parental alienation. Good luck. ***** Addendum: Don't forget to document everything. Get a book and write down every single time you call the mother to speak to your child or each letter you send. Send every second letter by registered mail (receipt request) and then she will have to sign or refuse to sign. If she refuses to sign for the letter, you can use that as evidence she is keeping the child from you. And if she does sign but the child doesn't receive or acknowledge the letter, again that works on your behalf. Do the same with Christmas parcels for the child. Also, document every single welfare check you do on them through the police. Get the police to put ""Ms. Newlin and the child are ok but they do not wish to have any contact with you" in writing as that will look very bad for the mother. And if they won't put it in writing, write it down yourself along with the date, time, the name of the police officer you spoke to, as well as his/her phone number. Good luck.