QUESTION
Can a parent with joint custody prohibit the other parent to see the children?
Asked on Oct 31st, 2013 on Child Custody - New York
More details to this question:
Parent will not allow the other parent with joint custody to see the children. Is that legal? And what can we do?
8 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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Are you represented by an experienced family law attorney? If so, consult your attorney. Otherwise I suggest you consult with an experienced family law attorney to assist you. In Arizona you would file a petition to enforce the parenting time orders.
Answered on Nov 06th, 2013 at 2:31 AM
2 Awards
Absolutely not. See an attorney ASAP.
Answered on Nov 05th, 2013 at 3:58 AM
Family Law Attorney serving Independence, OH
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Abel & Zocolo Co., LPA
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A shared parenting plan (joint custody) should have provided for a schedule of parenting time. That is a court order and the other spouse cannot prohibit visitation on his/her own. The remedy is to file a contempt proceeding with the court also known as a show cause proceeding.
Answered on Oct 31st, 2013 at 2:28 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If there is a court order and the order is being violated, you can ask for the other parent to be held in contempt. If there is no court order, you need to go to court and get one Talk with a local attorney about the details.
Answered on Oct 31st, 2013 at 2:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Read the parenting time provision of the Order in effect, if it is being violated get an attorney and bring a motion to enforce it. If you are in Michigan you are welcome to call 586-778-0900 to engage my firm, and with additional information.
Answered on Oct 31st, 2013 at 2:27 PM
Look at the parenting plan you agreed to or that the court issued.
Answered on Oct 31st, 2013 at 2:27 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If by joint custody (which does not exist as such in WA) you mean you have a 50/50 parenting plan, the law is the same as with any parenting plan, a parent gets the time allocated to him/her in the parenting plan and that's it. If the other parent withholds the child during that time, in the absence of a subsequent court order, the parent who did not get the time can call the police and get the children and/or file a motion for contempt or a motion to compel.
Answered on Oct 31st, 2013 at 2:26 PM
Bruce Provda
No, not without a very good reason and even then they would petition for supervised visitation.
Answered on Oct 31st, 2013 at 2:26 PM