Under what grounds can the custodial parent prevent the non-custodial parent from having the children? 4 Answers as of July 12, 2011

My ex is trying to prevent me from having my kids, saying that I do not have a relationship with them. She wants me to spend time in California before I can bring them to Oklahoma, when she knows I cannot afford an extended stay. We have joint custody. Can she do this?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You apparently moved from California to Oklahoma, so whatever joint physical custody orders that are currently in effect would likely not work under your present circumstances. You should file an Order to Show Cause [OSC] in the California case to modify child custody to enable you to have the children with you in Oklahoma for significant periods of time (i.e., school holidays, summer vacation, etc.), and to allow you to visit the children in California as well if your time and finances permit. You may need to bear the children's travel expenses because you moved from California, but you could request that the Court require those travel expenses to be paid 50/50 by each party. You would best retain an experienced Family Law Attorney to represent you in connection with your OSC.
Answer Applies to: California
Replied: 7/12/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
The custodial parent can not stop you from picking up the children if you have a court order for custody and visitation.
Answer Applies to: California
Replied: 6/15/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
The court will do what is in the best interest of the kids, or what the court believes is in the best interest of the kids. I do not know all of the facts in your case so I cannot tell you if in fact she can prevent you from having time in your state. If you have not spent time with the child, the court could ask that the first visits be in California.
Answer Applies to: California
Replied: 6/14/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
If she refuses to send the children, then she is violating the order and you can file a contempt against her. That will not stop her from filing a motion to modify the orders, however.
Answer Applies to: California
Replied: 6/14/2011
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