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my son and his ex wife are divorced, they have a 4 year old

son, she remarried, moved out...
my son and his ex wife are divorced, they have a 4 year old son, she remarried, moved out of state, ky, they agreed to equal joint custody, as of this monday it is his time to have the child, she is refusing to give him to his dad. he will be starting preschool this fall and of coiurse with the difference in out of state location I believe, she is starting to gain control to get full custody. there agreement is filed in clermont cty oh, he insist on getting his time this monday, what are his rights .
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Answered in 1 minute by:
3/1/2013
Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12,620
Experience: Attorney experienced in all aspects of family law
Verified

Brandon M. :

Hello there.

Brandon M. :

Hi, can you see this?

Customer:

Hi Brandon, what do you need to know other than I have input

Brandon M. :

That's a good start, but the question is a bit broad, so I want to get some more information. You mentioned that your son and ex wife are divorced and that as of this Monday it is his time to have the child. Is there a child custody order in effect at this time?

Customer:

yes, it has been for years. After the child was born 6 months later she had an affair and wanted a divorce, to keep civil they agreed to equal joint custody, and has been working fine until now. My son was stuck with recently purchased home, he decided to keep. he has recently lost his job but is getting help from family and seeking employment. there is no child support invovled.

Customer:

In addition she is trying to tell him when he can and cant have him, he is suppose to get monday, she refuses to let him have him until friday and right back sunday, looking for control in my opinion

Brandon M. :

You said that the mother "is refusing to give him to his dad." Do you mean to say that she has expressed her intention to surrender the child this coming Monday, or that she already refused to surrender the child as of Monday earlier this week?

Customer:

she is refusing to give him to him this coming monday, this is her weekend to have him.

Customer:

They have a varied schedule, which includes different days of week, but has always been that way and was written that way.

Brandon M. :

Thanks. Well, the first thing that I would point out is that you have not said she is yet in violation of a court's order. She is merely threatening the possibility of violating the court's order. It's one thing for a parent, in the heat of emotion, to threaten to keep a child away from the other parent during their court ordered custody time, but it is quite another thing to actually act on it. The willful, knowing violation of a court's order is criminal contempt of court. If a parent refuses to relinquish their child to the other parent as ordered by the court, the issue is usually resolved by just calling law enforcement and asking for assistance--if necessary, they can arrest the non-compliant parent on the spot. If the order is too ambiguous for law enforcement to take action, which is sometimes the case, it is still criminal contempt and charges can be brought against the non-compliant parent in court. It can result in a fine, a modification to the custody order, and even jail.

Brandon M. :

But first there has to be an actual violation of the order. Does that make sense?

Customer:

yes it does! My belief is and she has expessed she intends to do so in a text message, . should he wait until monday morning, which usually she drops off at baby sitter and he picks up, or is there anything he should do in preperation of such event

Brandon M. :

If a parent anticipates a problem with the other parent relinquishing their child, it is usually a good idea to bring a copy of the custody order and a neutral witness along. It also isn't a bad idea, in many cases, to let the other parent know that you are still proceeding as scheduled. But with all of these things, the most important thing is to keep calm and not let emotions get the best of you. The law does not tolerate the willful, knowing violations of court orders, but we have a system that favors the right outcome over the quick outcome. Just be patient and cool--let the other parent be the irrational hot-head.

Customer:

that makes complete sense, one more question, when you say bring a copy and witness are you talking about waiting until monday after violation

Brandon M. :

I'm talking about when the parent goes to retrieve the child. Naturally, because every case is different, this information should not be construed as complete or advice without consulting in person with counsel, but the point is that you need to be as prepared as the circumstances require.

Customer:

ok thank you Brandon, you have been very helpful and have given me all the info I need to handle the situation if happens. have a good night. and thanks again. good advice!

Brandon M. :

It was my pleasure to answer your questions. Have a good evening.

Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12,620
Experience: Attorney experienced in all aspects of family law
Verified
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Brandon M.
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Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12,620
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Experience: Attorney experienced in all aspects of family law

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