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    zelaya's Avatar
    zelaya Posts: 2, Reputation: 1
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    #1

    Nov 23, 2009, 11:10 AM
    Joint physical and Sole legal custody, what are my rights?
    I am recently divorced and was awarded joint physical custody with my address being the primary. Also I was awarded sole legal custody. My ex refuses to let me pick up my children, and I was wandering what rights I have... My thought was that I could go pick them up and she couldn't stop me, but I need clarification. Also I live in a different state (does that matter?) Thanks for any and all help!
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Nov 23, 2009, 03:00 PM

    Does your custody oder actually state days or times you are to have the child / children ? If so then they can be held in contempt also depending on the state the police will get involved and she will be forced to hand over the child / children.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Nov 23, 2009, 03:02 PM

    On a side note. How is it you have sole legal custody because it flies in the face of things considering joint physical custody. Should your chid become ill then the other parent wouldn't have the right to consent for medical treatment making visitation impractical.
    zelaya's Avatar
    zelaya Posts: 2, Reputation: 1
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    #4

    Nov 23, 2009, 07:19 PM

    My custody orders that the kids should reside with me. She has visitations in every odd year holiday, Tuesday and Thursday from 5 to 8pm and saturdays from 1 to 6 pm.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Nov 23, 2009, 07:27 PM

    If she tries keeping the children after her time has expired call the police. They should assist you because she can be charged with parental kidnapping at that point if she refuses to return them.

    The point of court orders is to make things run smooth.
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