Refusal of visitation

[meps]

I am looking for information about what I can do if my ex who is custodial, for your two children.  We have joint custody.  There is no restrictions or anything like that, and it has gone ok so far on the visitations, but she will mess with me every now and then about she won't let me get the kids on my time.

This time lately she states that my daughter does not want to see me this weekend.  And she says there is nothing I can do about it.  My daughter is 10 right now and we live in the state of Kentucky.

What rights do I have if my ex gets in the way of me picking her up?

Is my ex breaking the law by refusing the let me take the kids?  It is in the divoce decree that I get the kids on my weekends.

My ex also says that her lawyer said it is ok for her to refuse letting me get the kids, is this "BS", or is her lawyer giving her bad advice?

When does my daughter have the right to refuse me picking her up? age 12?

If my daughter does not want to come, can she be forced to go with me?

Sorry for all the questions, I have been thinking a lot about this.

[ocean]

You can send her the intenet to visit letter from this site and then you can file contempt if she does not allow visitation.  Send the letter certified so you will have proof that you sent in. Sometimes just showing you mean buisness is enough. If she has a lawyer, you can sent her lawyer the letter. She will be charged for reading the letter :)

[4honor]

Then she could be held in contempt for refusing vistiation.

If time is court ordered, your child has no rights until age 18 about NOT going and you can hold your EX responsible for not sending the children.

I have a feeling that your DD has gotten her period and once a month will not want to come to your house to avoid talkign about it with you... maybe you should broach the subject.

Your Ex is blowing smoke/BS.  No Attorney will tell a client to disobey a court order unless they believe the child to be in danger of harm.

Your child is a child. You are a parent. Make the child come. She will be mad or she won't. And often ex's SAY that a child does not want to come, but the Ex may be lying out right, or she may be being told by your DD what the child thinks she wants to hear... as living in a war zone is hard on children and they learn coping mechanisms.

If you believe there will be a problem, you can always call your ex and let her know that you will be there and you expect the children to be there... if things get difficult you can also say that you would rather work this out between yourselves, but if you have to bring a police escort to pick up ALL the kids in a peaceful manner, you will. If she calls your bluff then you call the police for a civil standby. Don't forget a certified copy of your decree should be a mandatory part of your glove compartment/jockey box.

If she maintains a pattern of this (3 or more denials with no offered makeup time) then file for contempt. Try to put as much of your intent to exercise visitation on paper as you can. But leave the threats of police and contempt charges verbal only with  nothing on her voicemail.

[CustodyIQ]

I agree with the advice that 4Honor gave you.

Good luck.  You can't let her get away with it, as it will empower her to continue to do it.