What to do if my ex-wife is withholding my children from me?

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What to do if my ex-wife is withholding my children from me?

I have recently remarried and my ex “doesn’t like” my new wife. My ex will not allow the children (13 and 19) to come to my new home (30 minutes away) or to attend any holidays or family functions if my new wife will be there. I only get to see my children “on my ex’s terms.” In my opinion, my ex is totally in violation of our parenting plan and/or custody agreement. What is my legal recourse? Do I have to take her back to court to resolve this? Or can I call the police to force her (the ex) to allow me to have my weekends with my children?

Asked on December 23, 2011 under Family Law, Missouri

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 9 years ago | Contributor

You can try to show up the house on your appointed day and call the police if she does not let you take the children.  Make sure you have a certified copy of the order.  Of course, if you show up at the door and argue with her, she can make false claims of domestic violence.  Definitely take at least one withess with you. 

Some police officers don't want to get involved in child visitation disputes.  As a result, if the police don't let the children leave with you, you will have to file a petition for contempt and request makeup time with the children.  

Also, please keep in mind, in most states, a child reaches majority at 18.  As a result, your 19 year old can see you at any time.  Check the order to determine when visitation ends.  

 


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