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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My son is divorced and the Court granted him joint custody

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My son is divorced and the Court granted him joint custody with the ex-wife having physical custody. He pays his child support via direct debit each pay period. The ex-wife is denying him visitation with his child/children because she does not like his current fiancee with whom he recently had a child. She has now told the school not to let him have anything to do with the children - as he found out when he called the school to arrange a birthday party for his daughter - and when he tries to get his children via the visitation schedule, the children are always "somewhere else or busy" that week end. Can she legally do this? Can the school legally block him from communicating with or seeing his child/children?
Submitted: 7 years ago.
Category: Family Law
Expert:  Dave Kennett replied 7 years ago.
<p>Dear XXXXXsunderwood - No she cannot and your son needs to file a motion for contempt. I am assuming he has a court ordered visitation schedule and if so it can be enforced. Also, if he has joint custody he should also have the right to school and medical records. The way to enforce his rights is through the court.</p><p> </p><p>She cannot use the excuse that the children are "busy" etc as it is her responsibility to make sure the children are available for visitation. Most courts will award attorney fees in cases of contempt and if she is denying visitation she is definitely in contempt of court.</p><p> </p><p>Dave Kennett</p>
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