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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30337
Experience:  Attorney with experience in family law.
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i have joint custody with my ex husband he has domicile with

Resolved Question:

i have joint custody with my ex husband he has domicile with me having resonable visitation but we now live together so visitation hasnt been a issue, iam planning to move out he says if i do he will do everything to stop the kids from seeing me, how do i enforce resonable visitation and how do i get it changed to joint with the kids with me 50% of the time?
Submitted: 5 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 5 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

If there is a court order giving you reasonable visitation, and he doesn't honor that, you can go back and have him held in Contempt of Court. Your ex-husband isn't allowed to ignore the order just because he's upset with you.

Second, you can go back to the family court and request a modification of the custody order any time there is a material change in circumstances. If the two of you were living together, and you're moving out, that should qualify. Then, you would just have to explain to the judge why it's in the best interests of the child for you to share custody. There's a presumption in the law that children benefit from having a relationship with both parents, so unless there's a good reason that you shouldn't be allowed to spend time with them, the request will likely be granted. You may not get 50-50, depending on things like proximity and school, but you can try to get a set schedule so you're guaranteed to see the children at specified times.

I wasn't able to find the forms online, but you may want to call the clerk of the court to see if they have any. Otherwise, you can see if you qualify for legal aid, or visit a law library to look at books that will show you how to do it.

Good luck.
Customer: replied 5 years ago.

there is a court order for resonable visitation, if i go back to family court to request a change in this will it cost and if he is refusing any visitation will he have to pay the court or will i


Expert:  Lucy, Esq. replied 5 years ago.
You're talking about two different things. If he refuses to give you "reasonable visitation," then he's in contempt of court, and he could be ordered to pay fines. They shouldn't make you pay a filing fee for a contempt action, but if they do, you can ask that he be ordered to reimburse you as part of the penalty.

If you're asking to modify the court order before it's been violated, then you're not opening a new case. You're just filing a motion on the old case. There shouldn't be costs, but if there are, you can apply for a fee waiver if you can't afford the fees.
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