Can My Ex-Husband Keep My Kids Away From Me?

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My ex-husband and I divorced in July 2013 and in the divorce settlement we have shared custody of our two children together. We’ve been co-parenting and getting along (I thought very well of course for our kids). We don’t have any kind of set times when they come see me or when I can come see them, as they live primarily with him because I had to move to an affordable apartment in a different county and they go to school in the county he lives in. We had a disagreement today and he tells me on the phone that I am no longer allowed on his property (part of the divorce settlement was for me to stay on the mortgage but have been removed from the deed).I am not sure how I am supposed to pick up my kids now so they can come stay with me or I can be with them. I don’t mind not coming to the house and staying there just with them, but l will need to come get them when I want. He told me to talk to a lawyer. Can he do this?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Your ex-husband can refuse to grant you access to his property, but he cannot stop you from seeing your children. If you have a shared custody order, then you are entitled to see your children pursuant to the terms of the order. You should talk with him to see if there is any particular “meetup” place in which you two can mutually agree upon to pick-up and drop off your children for visitation purposes. If he refuses to allow you to see your children, then you should consult with an attorney to find out how you can enforce your child custody order.

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Author: House Attorney