UPDATED: Sep 30, 2022
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My husband is currently deployed. In the divorce decree I’m granted custody 3-8 pm Tuesdays and Thursdays and every other weekend. His ex-wife is not allowing me to see the children. Does she have the right to do this or am I granted the same custody stated in the divorce decree in his absence?
Asked on May 26, 2016 under Family Law, Idaho
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unless the divorce decree says that your visitation rights are somehow limited while your ex-husband is deployed, then your periods of possession and access remain in full force and effect. This means that your husband's new wife cannot sue sponte change the final order on her own. Only a court can change the order.
If she is wrongfully witholding the children, then you have a couple of different options. First.. call the police and ask them to do a civil standby when you go to pick up your children. Take a copy of your order with you when you go. If she refuses to turn the children over, then they can file interference with child custody charges. Your second option is to file an enforcement action. In this action, you can also ask the court to grant you make up time for the dates that you have missed because of the wrongful withholding. You can pursue both options, but the first one is the quickest way to see your children sooner than later.
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