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I’m currently dealing with an issues with my ex wife

I’m currently dealing with...

I’m currently dealing with an issues with my ex wife regarding a possible violation of our custody arrangement and this is the first time it’s hallened.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Not yet as right now she is saying that I cannot see our children for my scheduled time tomorrow.

Lawyer's Assistant: Family law varies by state. What state are you in?

Kentucky.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She has copies of messages saying i had considered harming myself back last year and indirectly threatened using them. I do know you can request message records as I know she has abused perscribed medications while with our children.

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Answered in 1 minute by:
3/19/2018
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,377
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good afternoon. What has she done and why is she doing this?

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Customer reply replied 4 months ago
I found out recently that she had an affair with my father while we were still married going back as far as 2015. And within the last couple weeks was sending me nude pictures and messages through Snapchat wanting me to cheat on her with her current boyfriend. We did sleep together and I felt guilty about it so I sent her boyfriend a message about it. I did make mention that I had considered harming myself because of the damage that had been done. But never have I hurt her or my children. I’ve always treated my children as my top priority. She is trying to say I need to seek help by going to a mental hospital and indirectly threatened using messages against. I do not have copies of messages but I know you can request records of them and she has abused prescription medication while having our children and is saying I cannot see them tomorrow on my scheduled day to see them.

Thank you for the reply. There has to be a legal basis, for her to withhold visitation and it needs to be done, based upon the best interest of the children, since it is your time. However, if she does this, you would have a right to take her back to court and seek to hold her in contempt and ask the Judge to compel her to comply with the court order. These appear to be mere allegations and unless she can show you are unstable and the children are at risk, she can not just withhold visitation. If she does she can be on contempt and you can file against her.

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Customer reply replied 4 months ago
Thank you

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Customer reply replied 4 months ago
If she withholds the children what action should I take?

You can try and call the police and see if they will assist and allow you to retrieve them and you can show them the court order but they may say this is civil at this point and can not get involved, absent a court order. That is why you would need to proceed to could and file to try and have her held in contempt.

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Customer reply replied 4 months ago
Okay thank you again. I have asked about picking them up from school and she will not answer me. Her parents are the ones who would pick them up. Should I call and tell them I will pick them up?

If the court order allows it, you can but if not, you would only be allowed to get them at the time stated in the court order.

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Customer reply replied 4 months ago
The court order says I can see them Tuesday and Thursday’s and every other weekend. It does not go more in depth than that.

You would be allowed to see them so once they are done with school, it would indicate that would be your time but this should be something that has been discussed and set up with the mother. If their grandparents always pick them up, you do not want to just deviate from that and pick them up and if you do, just know she needs to be made aware, so she does not think something happened to them.

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Customer reply replied 4 months ago
On Tuesdays and Thursdays either myself or my parents pick the children up from school her parents do not pick them up except on Monday Wednesday and Friday

Oh, thank you. If you or your parents do it and this has been done, there is nothing preventing you from doing so, absent a court order.

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You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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