i paid my exwife 2300.00 a month which she always gets and we have joint custody of my 2 kids. is there anyway she can stop me from seeing my kids. i dont have a restaining order or no domestic incident or abuse reports against me. it's just that we are not seeing eye to eye and she is stating that i not allow to see the kids
2 Answers from Attorneys
Re: child custody
Most judges get very angry when a wife does this, using the kids as part of a fight with the husband.
A smart divorce attorney can help you to put a stop to this nonsense, and with a little luck maybe get your soon to be ex-wife to not hurt the kids by doing this to them.
Your questions are reasonable, and important, and complicated. It is not possible to give you a short and simple answer.
You really need to sit down with an attorney and get some guidance. The decisions you make now will have a profound, serious and long lasting effect upon you and your children.
Some thoughts (and these are only general statements, NOT intended to guide your decisions):
You are in the beginning or middle of a divorce.
You have a job. You may have a house. you may have savings, pension, credit card bills, and other things to deal with.
Your spouse may have a job.
You may have a child (children), and child support and college tuition needs to be paid. That is measured in tens of thousand of dollars.
Nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the child (children).
Hire an attorney. Go to an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: child custody
Yes, she can, if there is no court order in place, you'll have issues. Even if there is, you have to enforce it. This all might sound obvious, but to some, it is not. Bottom line, she can do anything unless and until you do something about it.