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Joint Legal Custody When Ex Spouse Is Harassing

Jacksonville, FL |

Do I legally have the right NOT to allow my ex husband to see our children, though we have joint custody? He is relentlessly mentally hostile, disrespects my wishes (like showing up at my residence unannounced and refusing to set a consistent schedule), picking fights with me and involving the children in our issues, while using them as a way to "get back at me" and trying to turn them against me.

Also, if he is not allowed to see them because of his negative behavior will he STILL be required to pay child support? Do I have the right to move them out of state because of his harassment? I live in Florida and POSSIBLY want to relocate to Georgia. Please help. Thank you.

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Attorney answers 1


No, you absolutely do not have the right to withhold contact between your children and ex-husband. If he is being abusive and showing up unannounced at your home at times when he is not scheduled to pick up the children, you can contact your local police department and/or refuse to allow him in the home. If your ex-husband is not complying with the present Court Order, you have legal recourse and can file a Motion for Contempt.

Your children need both of their parents and your ex-husband has been awarded joint custody of your children, that includes the right to be a part of all major decisions involving your children as well as the right to exercise his timesharing.

Furthermore, if you wish to relocate to Georgia, there is a statutory procedure that must be followed, including the filing of a Petition to Relocate and allowing your ex-husband an opportunity to object.

Good Luck in working through these issues!

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