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Law Pro
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Category: Family Law
Satisfied Customers: 22748
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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Can my ex wife withhold our children from seeing me even though we have joint custody

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We went to court at the end of last month and my child support was lowered from 775.00 to 400.00 dollars. She has been sending me harrassing text messages and screaming at me on the phone since then. The child support payments haven't come out of my checks yet and she is now threatening that I am not allowed to see the children until she gets her money. I told her that if she keeps harrassing me and keeps trying to withhold the children I will document her behaviour and report her and she says she is okay with that. This type of behaviour is not new to her. It is affecting my children's emotional well being and very stressful for me. What do I do? She needs to know that she has to stop this negative behaviour. Not to metion her lawyer put on the court order that we should go to co-parenting and that my daughter should go to counceling but she refuses to go.
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Pro replied 5 years ago.

Your in a tough situation - I've represented many people in similar situations.

 

You have little alternative but to file contempt motions if your up to it and the hearing. Possibly even a modification of the custody order; however, that get really expensive and time consuming if your up to that too. Document everything, itemize everything, date everything - you can't tape record though - and go to court. Take people with you to pick up the children so that they can testify to what happens at pick-up/drop-off times.

 

Ask that pick-ups/drop-offs occur at the police station so that you two don't have to come in contact.

 

I would also call your telephone company to see if you can get copies of the text messages - certainly don't erase them. You might even go to your DA's office with those text messages and see if they will charge her with harassment.

 

Good luck! Thanks for the question.

Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 22748
Experience: 20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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