Q: Rand Scott Lieber the answer to your question
He has primary custody per our divorce papers as the judge said we got a divorce in 2018 and that’s what it was decided then but Now ge wants full custody because he wants to take kids to another state. Yesterday he told me I was not allowed to pick them up because his lawyer advices him not too even tho in the prior court order I have visitation rights and I am able to get them summer vacation and holidays but now he wont let me because of his lawyer. The judge hasn’t granted him full custody yet. Is this allowed ? Can I pick them up since the judge hasn’t decide anything yet as to him having full custody he’s keeping them away from me.
A: What you are describing sounds like he has filed a Petition for Relocation. Whatever the most recent court order says regarding timesharing is what he has to follow. If the court order (parenting plan) says that you get the kids on day X then he must give you the kids on day X. If he is refusing then you need to go to court on a motion for enforcement. It really sounds like you need to speak with a local family lawyer for more specific advice. Look for someone that offers a free consultation.
A: Until there is a court order stating otherwise, the parenting plan ordered by the court would still be in effect. If you are being denied timesharing you should file a motion for contempt and enforcement. As a remedy for the contempt you can seek make up timesharing and your attorney fees for having to bring forth the motion, among other things. We offer free consultations if you have any additional questions.
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