In a divorce, it is inevitable that the children will be placed in the custody of one of their parents. And the custodial parent is expected to honor the visiting privileges of the other parent. But, there can be occasions when your ex, who is in custody of your child, may seek to stop you from spending time with your beloved kid. Below, we take a look at three such instances.
3 Occasions When You Can File A Custody Violation Against Your Ex:
Taking The Child Away Without Permission:
Generally, a parent is expected to inform one another in case they are taking the children away for the long term, during which the other parent may be unable to see them. But if your ex has taken your kid away without informing you, and you are unable to find them, then it can constitute a violation of custody agreement. And if it has been days since you last heard from them, then you can involve the police by filing a missing child report. You can also hire a reputed lawyer like Kelly Krail and move the court to revoke the custodial rights of your ex-partner.
Denying Visitation:
When a parent is granted custody by the court, they are expected to honor the visitation right of the other parent. So, if you are the visiting parent, then you have the full right to have the child by your side as per the agreed schedule and duration. If your ex refuses to allow you to spend time with your child, then it is a breach of the court order, and you can easily charge them for violating the custodial agreement. Another shrewder way your ex may seek to deny your visitation rights will be scheduling the meetings with your child at a time when you are usually busy. This is unethical and the first thing to do will be to talk with your ex to resolve the issue. But if they are hell-bent on only allowing for visits during your busy times in order to stop you from visiting your child, then you should definitely take legal action.
Disagreeable Habits:
If the ex has a habit that you think is dangerous for the child, and they have not been able to completely get rid of it after getting the custody, then you may approach the court to revoke the custodial rights of your ex. These habits can include alcoholism, which creates unnecessary stress for the child, smoking which can cause health issues for the kid, especially if they have asthma or other breathing issues, drug addiction etc. The courts will view such habits negatively, and may initially direct the ex to change their behavior if they wish to retain custody. However, if your ex has failed in changing their habits, you have a pretty good case.
Remember to get a good, qualified and well-experienced lawyer to represent you in such cases, and you are more than likely to receive a judgment in your favor.
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