If my ex has sole, physical and legal custody of our daughters but refuses to allow me my scheduled days and times with them, what action can I take?
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If my ex has sole, physical and legal custody of our daughters but refuses to allow me my scheduled days and times with them, what action can I take?
Asked on November 7, 2012 under Family Law, Iowa
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to file a motion to enforce or modify the visitation schedule. You start by documenting the days and times that she has deprived you of access. If the denial is severe enough, the judge can either hold her in contempt, order her to pay your attorney's fees, grant you make-up visitations with your daughter, change custody to you, or some combination of the above. Before you go to the expense of filing a lawsuit, you may talk to your former attorney (or some other family law attorney) about sending a simple demand letter first. Sometimes the demand letter will send the appropriate wake up call. If it doesn't, the demand letter will be great evidence to the judge that the interference with your visitation was not a misunderstanding, but an intentional act of interference on your ex's part.
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