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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37050
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have recently signed my settlement case for divorce. My

Customer Question

hello my name is***** have recently signed my settlement case for divorce. My wife just recently stated to me that she is with holding the kids from seeing me because of warrants. I have called the police in regards ***** ***** warrants issue. I was informed by the sherriff that I have one warrant out for my arrest, paid bound on site at my appartment in cash and got to court tommorrow. I informed my wife and she is still with holding the kids from me. Is my wife able to hold the kids from visiting their father.
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: New York, October 18 2016.
JA: Has anything been filed or reported?
Customer: I paid the bound to have it lifted and go to court tomorrow.
JA: Anything else you want the lawyer to know before I connect you?
Customer: It is mandatory for me to see the kids 3-4 hours a week upon availability of supervisors. she has all the power as to who the supervisors are. Her parents were supervisors but stated that they are too busy to be supervisors. what should I do about this issue?
Submitted: 6 months ago.
Category: Legal
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is there a formal child custody in place from the courts setting up specific times for your custody?

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thanks

Barrister

Customer: replied 6 months ago.
all it states is 3-4 hours a week upon availability of supervisors. The supervisors stated in the custody are my ex-wifes parents and my parents. It does state that If I chose to have any other supervisors, there names and contact information are to be sent to my ex-wife and she is to approve or dissapprove of them.
Expert:  Barrister replied 6 months ago.

Ok, if she is intentionally refusing to allow you custodial time with the children, and there are available supervisors, then your recourse here is to file a motion for contempt of court to force her to appear in front of the judge and explain her actions. The judge can sanction her with reprimands, fines, amended custodial time, and even jail time for repeated violations.

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But if there is no one available for supervised visits, then legally she wouldn't have to allow it. So it all boils down to whether there is a supervisor available as to whether she is in contempt or not..

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thanks

Barrister