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Family Law And Divorce Resolutions

Can your ex ever deny custody?

On Behalf of | Apr 18, 2022 | Child Custody

When you and your ex got divorced, the court ruled that the two of you needed to share both legal and physical custody. This means that you both get to spend time with your children, and they likely live with you for some of this time.

But what if your ex decides that they’re not going to let you see the children? Maybe they just don’t find it convenient at the time when they’re supposed to exchange custody. Maybe they have problems with how you set up your rules for the kids or how you’re covering the costs of raising them, and they’ve decided not to let you see the kids until these things are resolved. Are they allowed to do this?

They can’t do it without a court order

In short, no, your ex is not allowed to deny custody simply because they want to do so. This is a violation of your rights and you may need to take legal action to get your ex to comply.

There are ways that your custody situation can change. For instance, your ex could go to court and seek an official modification of the custody order. But even if they are granted that modification, they still have to let you see the kids until it is official. Whatever court order is on the record at the time is the one that needs to be followed.

There are some rare exceptions to this if your ex believes the children are in danger and seeks protective action with the authorities. But, outside of something this extreme, there’s never a situation where your ex is allowed to tell you that you can’t see the kids when the court order gives you the right to see them.

If this has happened, it can get very complex, and you need to know about all your legal options.