Tuesday, November 22, 2011

My Children: I need legal advice?

We have joint legal custody and has not allowed me to see them for over a week when he found out I have a boyfriend. I've tried calling my 15 yr old and she hangs up on me. I want to go to her school but she has asked me not to. I have called my 10 yr old and she said Dad, doesn't want me to spend the night with you. I've filed a motion w/the courts since we do not have a visitation schedule (he said we didn't have to, that we would work it out, yea, what a mistake) Anyway. is there anything I can do while I wait for the court date? I went to the police station and they can't enforce the visitation since its not in stone. His plan is to gain custody or primary residence so that he does not have to pay child supportMy Children: I need legal advice?
Call a lawyer.





The fact that you now have a boyfriend may be a big deal to your ex, but not to the court.





You might be able to go in ex parte to get a temporary visitation/custody order until your hearing, but you would need a lawyer or someone to help you on that. Also, the act of going in ex parte or even retaining an attorney would force your ex to some sort of temporary compromise.My Children: I need legal advice?
ok first of all why does he have your children is there something you are not telling us. If he is just bitter at you for no reason then i would say wait until your court date. But if you have done something bad to make him disagree with you seeing your children then what do you expect.
You could hire a lawyer and seek some sort of interim custody agreement but it will cost money. Always get agreements in writing when possible.





Dana A





Lawyer
I know it is difficult to do nothing but your best bet is to let both your lawyer and the courts handle it.....you've done the right thing in filing a motion for a visitation schedual set by and ordered by the courts...once it's done you'll be in a far better position far as your kids are concerned for if he refuses to let you have the kids when the courts have ordered you can have them, it'll put him in violation of a court order and you'll have the law on your side to help in enforcing it.


In the meantime you'll have to do damage control by not falling into the 'punish the ex 'cause they have a bf/gf' ' trap.....the courts will get wind of his using your kids as a tool of punishment and they have very harsh opinions on that so don't be party to that...if you think the kids are being influenced against you by their father, make sure your lawyer knows this.....don't let the kids get caught in the middle. the court will resolve it. Best Of Luck!
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