Q: Im currently in a custody battle with my ex spouse he has primary custody of my 2 kids. Nothing has been granted yet by
The battle we have now is he wanting full custody instead of split because he wants to take the kids away from our divorce papers when we got a divorce are set to me having visitation rights every other weekend by court. my sons birthday is coming up and I got in contact with my kids father he told me I was not allowed to pick up my kids because his lawyer adviced him not to let me pick them up is that legal? If a judge hasn’t approved him full custody yet can he do that or can I call the cops on him if I go get my kids and he denies me from picking them up
A: You are bound by whatever court orders are currently in place. You say that your spouse has "primary custody." Is that in a court order? If you want to see the children and there is no court order then you need to go to court for clarification. Speak with a local family lawyer for more specific advice.
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A: The parenting plan adopted by the court in your divorce is a court order and should be followed unless and until the court enters an order stating otherwise. The opposing party does not have the power to deny you contact with your kids. If you are being denied contact you should look into filing a motion for contempt and enforcement. With the motion for contempt you can request make up timesharing, attorney fees, and several other remedies.
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