Can the mother keep me from seeing my children

This is a discussion on Can the mother keep me from seeing my children within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Kentucky: On December 22,2009 my ex girlfiend and I went to court over custody of our children. She started the ...

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Old Dec 29th, 2009, 08:32 PM   #1
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Confused Can the mother keep me from seeing my children

Kentucky: On December 22,2009 my ex girlfiend and I went to court over custody of our children. She started the petition. We decided on joint custody and told the judge thats what we wanted. The judge gave it to us and also told me to pick up a visitation schedule. I ask the judge if it were agreed upon if i could see them more. He said yes and told me the schedule I was picking up was the minimum I could see them. Well my first visitation was the 26th of dec. to the 30th of dec. Christmas holiday.The mother let me have the kids dec.25th in the evening. She got mad at me and came and got the kids while I was working on the 29th. without my permission. They were with my mother. The ex told her I said it was ok. Now she will not answer the phone, e-mails or let me contact the children. My next visitation is on friday and I have a feeling she is going to deny me visitation. I let her come over for a little while on the 28th to visit with the kids ,tho it was my visitation. She called constantly the whole time I had them not to check on them but to harrass and agravate me. So my time with the kids was limited because of her interference. She is wanting to get back together and I do not and she is using the kids to get me to do what she wants. I cant live this way. I left her not my children.I need some advice as to what to do. I want to visit with my kids in peace. And I need to know what to do if she doesnt let me have them for visitation.
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Old Dec 30th, 2009, 10:05 AM   #2
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Default Re: Can the mother keep me from seeing my children

The main criteria which is kept while deciding the child custody is the best interests of the child. Generally, the Courts prefer the child to have contact with both the parents. Now, you were allowed to have the kids on 25th evening and the children were taken from you 29th December. I wish to submit that in this the custody for the duration was given to you by mother willingly. Now, if the mother does not allow you to have the visitation rights of your kids in future than you can pursue the matter as provided in the child visitation order. Further, Family Court has the full authority to enforce the visitation rights. You can always argue in the Family Court that the mother is not allowing you to meet the children as per the visitation rights granted to you, in case the mother refuses to let you meet the children.

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Old Dec 30th, 2009, 02:02 PM   #3
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Default Re: Can the mother keep me from seeing my children

Keep a detailed record of her interference with your visitation schedule, and her obvious non-compliance with the court order. Once this has happened three times, file with the court a Motion to Enforce. A Motion to Enforce is usually a lot easier to do, often remedies the problem, and costs less.

If, however, she continues to violate the court order, continue to keep detailed records, and file a Motion for Contempt. If she continues on with her pattern, she risks losing custody completely, and the court will award you full custody.

Take action now. Don't let this become a pattern for her to get away with. Once you allow her to get away with such behavior, she will continue to up the ante. The children come first. She needs to know now that you will not tolerate her foolishness and will take the necessary, legal action to ensure she complies with the custody order.

She cannot deny you visitation unless you allow her to. Take a copy of your court order to the police, and show up at her residence to collect your children. Instruct your mother or whomever else you leave in charge of them not to allow her onto the property, or allow her to take the children while they are in your custody. Your mother should not have given the children to her when she same to get them. They were in your custody at the time, and your mother should have called you to at least verify whether or not you gave permission for them to leave with their mother.

Also, when the children are in your custody, do not allow disrupting phone calls from the mother. A call a day is acceptable, but repeated phone calls that are harassing in nature are not to be tolerated.
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