Flicker, Kerin, Kruger & Bissada, LLP
Menlo Park
650-289-1400
San Ramon
925-327-6200

My ex won't give me my kids...Now what?

One major problem that some parents face is when the other parent tries to withhold custody. It's against the law to withhold custody unless a child is in direct danger, and even then, there are steps that the parent needs to take to report the abuse or negligence that they're alleging is taking place.

If you are struggling to get your time with your children, your attorney can help. The other parent should not be withholding your children, even if you've violated parts of your divorce agreement, like by failing to pay spousal or child support. The reality is that those who withhold custody can be accused of doing so illegally, which could hurt their custody rights in the future.

What can you do if your ex-spouse won't let you see your kids?

If the situation has gotten to the point that your ex-spouse won't allow you to see your children during your scheduled custody times, you have a few options. For example, if you're supposed to have them after school, you can legally go to the school to pick them up. You can inform your attorney and have them reach out to the school in advance as well. You can also reach out to the court, asking the court to enforce your right to custody.

If your ex does not return your children to you, they could be accused of parental kidnapping or alienation, both of which could land them in hot water with the court. Talk to your attorney if you are worried about your ex not letting you see your kids because there are ways to resolve this issue.

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