If my wife and I have joint custody of our children and refuses to exchange the children on neutral ground, what should I do?

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If my wife and I have joint custody of our children and refuses to exchange the children on neutral ground, what should I do?

Asked on December 10, 2012 under Family Law, Louisiana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have joint custody, that would suggest that you already have some type of child custody orders in place.  If you already have orders, then they will control the when, where, and how the children will be exchanged for visitation.  If these orders require an exchange at a neutral location and she is refusing to comply with those orders, then you would need to file a motion to enforce when she refuses to do so.

If your orders do not specify a location for the exchange, but you think it's important for the emotional well-being of the children that the exchange take place at a neutral location, then you would need to file a motion to modify your custody orders.

If you have joint custody by an informal agreement-- not by a court order--- then you may want to consider filing a formal custody suit and getting orders in place which set out the visitation schedule and where the children will be exchanged.


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