LEGAL BLOGS…ASK A QUESTION…

Katie’s Question: My ex husband and I have 50/50 joint custody, but my kids primary residence is his home. He is mad at me because I wont get intimate with him, so now he won’t let me see my kids unless he is there. Their grandmother watches them during the day. If I go pick them up at there grandmas, can he turn me in for kidnapping?

Brette’s Answer: If he is interfering with your right to visitation, then you should file a violation in court. Doing this is called custodial interference and can be the grounds for a change in custody. If you pick them from his mother’s house, he cannot say you kidnapped them if you are exercising your court ordered visitation rights. I think you need to go back to court to get this straightened out.

Will my custody papers be enforced if he threatens to keep our son?

Theresa’s Question: My son is 3 years old, and I have sole physical custody. His father takes him for 4 weeks each summer and lives 5 states away. He is threatening not to give him back. Will my divorce decree and custody papers be enforced in another state.

Brette’s Answer: Yes they will be enforced. Based on that threat, you can seek to have his visitation reduced.

When Your Ex Doesn’t Comply With the Visitation Schedule

Melissa’s Question: Our divorce decree states that my ex gets the kids for 2 weeks out of every summer, but I have always been lenient since he is in the military and does not see them any other time during the rest of the year. This year I let them go for 4 weeks, and when I tried to ask him where we should meet to pick them up (he lives 5 states away) he said he was not going to let them come home for 3 more weeks! What can I do to get them back?

Brette’s Answer: You can file a violation with the court that ordered the visitation. You could also contact the police or perhaps his commanding officer and show them the order which he has clearly violated.