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Thread: Child custody

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    Dj4life999 is offline Junior Member Dj4life999 is on a distinguished road
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    Child custody

    I was married to a woman and had three kids by her. We are now divorce and it state in the divorce decree when I can have my kids(ie., weekends, spring break, summer). She refuse to allow me to pick them up at times. If I call the police and show them the decree which states that I can get my kids, can the police make her give me my kids or is there any other way I can inforce it or have her in contempt for not abiding by it

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    No, you cannot. The police are not responsible for enforcing custody arrangements. You should document when those times occur and tell your lawyer so they can petition the court.
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    In my state ( PA ) , she is comitting contempt of court. We cannot help you. Your only recourse is to file a complaint with the judge who issues the order. That judge can find her in contempt and can than order things like , having her arrested and brought in or various other remedies.

    Once you do this , be sure you don't do the same and get in the same trouble.

    Also , don't be petty. If she is 15 min late some day , don't be so quick to complain as it could happen to you.
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    In NY and NJ, the cops will come, and file a report for you, whihc you can take to court as "proof." I will be honest though, when we showed up, every time and explained to her the consequences, she always gave up the kids.

    Just make sure your child support is up to date.
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    Here, no. We have two different types of orders. Yours would be un-enforceable by the police at this point. The other is when emergency situations are present that put the child in danger. Those are the ones where we can take the children.
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    Dj4life999 is offline Junior Member Dj4life999 is on a distinguished road
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    I'm in the military and live in Texas and had to file a default divorce because she refused to signed the decree. She lives in tennesse so I can only see them when I come and visit and she always gives me a hard time for me to pick them up or she just don't allow me to see or talk to them. If any of you know tennesse law in this situation. Can you help me with what may possibly the best course of action

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    Rather than just get someones TN version , why not just call the PD in the town where she lives and ask them how they handle it ? It could be greatly different then what we say. And you will know EXACTLY how to handle the situation next time it occurs.

    We really aren't fond of someone calling us and stating " I was told on-line that you have to handle it this way ".
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    The long way to do it is to get a Tennessee lawyer and have him take her to court every time she gives you problems taking the kids. It sounds like she'll do anything she can get away with. Perhaps if she's facing jail from contempt of court, she'll change her tune. But since there are no criminal issues here, the police are no more than peace keepers in these situations.
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    Quote Originally Posted by Dj4life999 View Post
    I'm in the military and live in Texas and had to file a default divorce because she refused to signed the decree. She lives in tennesse so I can only see them when I come and visit and she always gives me a hard time for me to pick them up or she just don't allow me to see or talk to them. If any of you know tennesse law in this situation. Can you help me with what may possibly the best course of action
    If a divorce was entered and filed under TN law and the court paperwork outlines the child arrangements and your ex is not abiding by the judge's order, then she is in contempt. You need to retain a divorce attorney who practices in the county your ex lives in and go from there. You will need to document everything she does that's in violation of what is stated in the divorce paperwork. Only a judge can find her in contempt and issue appropriate punishment, whether civil or criminal in nature. Keep in mind that if there are no court-ordered child arrangements, the mother has more rights in TN than the father. That's why it's important to make sure the court outlines what type of custody arrangements each of you have. My strongest advice to you right now is to retain an attorney and have them on speed-dial anytime an issue with your ex and the children arise. I don't like these type situations because the only ones normally getting hurt are the children.

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