QUESTION

What can I do if father refuses to let me see our son when we have joint custody?

Asked on Apr 26th, 2014 on Child Custody - Rhode Island
More details to this question:
When we got our divorce, we did agree on him having domiciliary parent and joint custody with equal rights of our 3 year old. But the last couple of months, he won't let me see him. Could I go pick him up at his baby sitter's house without him knowing? What do I do?
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4 ANSWERS

Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Go to court on a contempt motion if your order says you get to have the child at certain times and the father is withholding him. Don't just pick him up unless there is an order that says when you can pick him up at the sitter's.
Answered on Apr 29th, 2014 at 6:47 PM

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Arbitration Attorney serving Irvine, CA at Law Office of Linda K. Frieder
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If you mean the father is the custodial parent and you share joint legal with equal visitation, you should visit your child as set forth in your written custodial agreement which is probably contained in your divorce papers. If he will not release the child to you during your custodial time, call the police to assist you. If the police refuse to help, any police report will assist you in bringing a case to modify custody. The courts do not reward the parent who refuses to facilitate visitation. I hope the helps.
Answered on Apr 29th, 2014 at 6:47 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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If the order gives you visitation time and he is not allowing it, you file a motion for dad to be held in contempt for violating the order. If the order allows dad to decide when you see the child, then you will have to wait until there has been a material and substantial change in circumstances to get the order changed.
Answered on Apr 29th, 2014 at 6:47 PM

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Bruce Provda
You need to petition the court for this violation of the custody order.
Answered on Apr 29th, 2014 at 6:47 PM

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