What can I do when my ex won’t give me my visitation and us trying to leave the state with my kids?

UPDATED: Jun 26, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do when my ex won’t give me my visitation and us trying to leave the state with my kids?

My ex-wife has refused to let me see my kids for the last 5 months and a judge has already ordered standard visitation. My ex is also getting ready to leave the state. If that happens I will never see them. What do I do and what can happen to her?

Asked on June 26, 2012 under Family Law, Oklahoma


Brad Micklin / The Micklin Law Group

Answered 10 years ago | Contributor

She cannot leave the state of New Jersey without your permission or court order. I would notify her as well as the local police department of her intention so that she is unable to take the children without your consent.

I would also recommend you file a motion for change of custody. Refusing parenting time for more than 5 months and then trying to relocate is a clear sign of  parental alienation.  If the court finds that this was her intention in refusing parent time or attempted to relocate, the court may consider changing custody.

This motion will also give you significant bargaining power to modify your parent arrangement should decide that you do not want custody to change.

If the court does grant her permission to relocate, you want to have an order for parenting time that allots you a generous schedule for summer, school vacations and any other time that you would be available for extended parent time. You also want the order or agreement to provide that you are entitled to make up time on a day for day basis for any missed parent time in the future.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption