Frequently Asked Questions (“FAQ”)
on Custody Order Interferences
Q: My Ex has Custody of our Child and I Have Visitation Rights. My Ex Skipped Out of the State Without Informing Me of Her Whereabouts. The Custody Agreement Says She Cannot Leave Without My Permission and the Courts’. What are My Options?
A: You can return to court, have your former spouse cited for criminal contempt of court, and take the contempt papers to the D.A.’s office to begin the arrest and extradition of your ex and bring the child back to your state. Your ex goes to jail, and you get your child.
Q: Under a Court Order, I Give My Kids to My Ex for Four Weeks in the Summer. Do I Have the Right to Deny Them Those Weeks Because They are in Conflict with the Days I Would Like?
A: You do not have any right to deny your former spouse their court-ordered days because they happen to clash with your preferred time slot. Perhaps, through speaking to your ex, you can reach an agreement between yourselves in this situation.
Q: My Ex Does Not Deliver our Teenager at the Scheduled Times/Days. How Do I Go About Enforcing the Schedule as Worked Out in the Court Order?
A: One approach is to have an attorney send a “lawyer’s letter” on your behalf to your ex. The letter should explain that your ex does not get to decide when you see your child, the court does. Involving a lawyer provides a little muscle to show that you are serious. If your ex is reasonable, they may think twice. If your ex still does not show up, the attorney can file a motion for contempt, asking for attorney fees and costs as a sanction. Also, each time your ex does not deliver the son, call the police and ask them to go with you to the house to get your son. Make sure you take a certified copy of the visitation order.
Q: My Husband's Ex is Mad at Him and Does Not Let Him See His Child at the Court-Appointed Times, Though They Share Joint Legal Custody. She Tells Him that She Does Not Trust Him. Can We Go and Pick Up the Child from School?
A: Under no circumstances should you pick up the child at school. You will be subject to arrest. You can only take the child when the husband’s ex turns over the child to you. If she fails to do so on the appointed date and time, she is in contempt of court.
Your attorney can file an emergency petition with the court, forcing her to explain to a judge why she has not relinquished custody according to court orders. Excuses like “I don’t trust you,” or “I don’t like him,” are not good excuses to not follow the court order. Unless she is in the hospital or some other extenuating circumstance, she must follow the court order. Your husband deserves the visitation he is allotted in the order.