What to do if I have joint custody of my 9 year old son but am prevented from seeing him?

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What to do if I have joint custody of my 9 year old son but am prevented from seeing him?

I have court ordered visitation.This worked out fine for a while but but my ex has gone overseas because he is in the military. Now his girlfriend refuses to let me see my child or even talk to him on the phone. She refuses to give me information on where they live. I suspect but have no proof of parental alienation.

Asked on January 2, 2013 under Family Law, Mississippi

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If he is oversees, you need a lawyer to find out through the military system whether he has a directive in place with his commanding officer allowing this "girlfriend" to watch your child.  Further, check your court order. If there is no mention of this person, immediately seek full custody and seek to amend the order. Also make sure you file a contempt order against this person and your ex and you may need to get the police involved.  In other words, if there is no legal documentation allowing this person to take care of your child, you need to take the child.


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