What can I do when my ex won’t give me my visitation and us trying to leave the state with my kids?

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What can I do when my ex won’t give me my visitation and us trying to leave the state with my kids?

My ex-wife has refused to let me see my kids for the last 5 months and a judge has already ordered standard visitation. My ex is also getting ready to leave the state. If that happens I will never see them. What do I do and what can happen to her?

Asked on June 26, 2012 under Family Law, Oklahoma

Answers:

Brad Micklin / The Micklin Law Group

Answered 9 years ago | Contributor

She cannot leave the state of New Jersey without your permission or court order. I would notify her as well as the local police department of her intention so that she is unable to take the children without your consent.

I would also recommend you file a motion for change of custody. Refusing parenting time for more than 5 months and then trying to relocate is a clear sign of  parental alienation.  If the court finds that this was her intention in refusing parent time or attempted to relocate, the court may consider changing custody.

This motion will also give you significant bargaining power to modify your parent arrangement should decide that you do not want custody to change.

If the court does grant her permission to relocate, you want to have an order for parenting time that allots you a generous schedule for summer, school vacations and any other time that you would be available for extended parent time. You also want the order or agreement to provide that you are entitled to make up time on a day for day basis for any missed parent time in the future.

 


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