More details to this question:
My ex and I have 50/50 custody and 50/50 placement and my son is almost 2 years old. My exs girlfriend is dealing with everything involving the case(they are not married) they are denying visitation to me because of a situation that happened with my husband when the child was not present. My husband and I got into a physical and verbal fight and I had called the cops on him but he was not charged. And they are refusing him to me because of that as well as me having a investigation of cps(but I was never charged and the case wasn’t even opened) they called me and talked to me and came to the home. And that was that. Are they legally able to keep him from me? We are going back to mediation finally with our court but I have a feeling they are going to say everything’s in their power to get him taken from me!
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File a motion for contempt or motion to enforce physical placement. While a person has a right to withhold placement if they have an honest belief that the child may be endangered, one has to balance that with the legal obligation to follow the court orders and not take the matter into their own hands. Also, if there is a concern for child endangerment, it should be promptly followed by filing a proper motion with the court to curtail placement or visitation. Courts do not like it when litigants engage in self help measures.
Answered on Jan 04th, 2018 at 5:23 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com