What To Do When Your Ex Threatens Jail Time For Visitation As A Sole Custodian
Being a sole custodian for your children can be a daunting task. When you have sole physical and legal custody, you are the one responsible for everything related to your children, and often, visitation by the other parent is at your discretion only. You are responsible for your children's physical and emotional well-being, and sometimes, that means not involving your ex in their lives. But what do you do when your ex threatens you with jail time for visitation? This can be a scary situation, but it can be navigated. Here, we'll discuss what to do if you have sole physical and legal custody of your kids and your ex is threatening you with jail time for visitation.
Know Your Rights
As the sole custodian of your children, you have legal rights to keep them away from anyone who poses a threat to their safety and well-being. However, you must be prepared to prove that your ex poses a threat to your children. If you feel like your ex poses a threat to your children, start documenting any incidents that have occurred. This can include text messages, emails, or any documentation from law enforcement that supports your case. If you have doubts about your legal rights to your children, refer to your divorce and/or custody order, which outlines the rights and obligations you have regarding visitation.
Consider Hiring a Lawyer
It can be difficult to navigate the legal system without a lawyer, especially if your ex is threatening you with jail time. A lawyer can help you understand your legal rights and help you develop a plan to protect your children. If you're considering hiring a lawyer, look for someone who specializes in family law. They will be able to offer you the best advice and representation. Make sure to take with you all current and past legal documentation related to your custodial situation, as well as any correspondence with your ex and other information that you feel will be vital to your case.
File a Motion with the Court
If your ex is threatening you with jail time, it's important to take legal action. This is especially true if there is a visitation schedule in place. You can file a motion with the court, asking the judge to modify the visitation schedule or require supervised visitation. The court will take into consideration the safety of the children when making their decision. If you have documentation that supports your case, it's essential to bring it to court.
Keep Communication with Your Ex Civilized
It's essential to keep communication with your ex civilized, especially in front of your children. If possible, communicate via text or email so that you have a documented record of all communication. If a discussion with your ex becomes heated or contentious, disengage and revisit the topic at a later time when you can approach the situation calmly. If you feel unsafe or threatened, contact law enforcement immediately. Do not engage with your ex in any way, and remember, the safety of your children comes first, and you have sole custody; your ex does not.
Being a sole custodian of your children can be challenging when your ex tries to intervene against your and your children's rights, but it's essential to protect your children from any threats to their safety and well-being. If your ex is threatening you with jail time for visitation, know your legal rights, consider hiring a lawyer, file a motion with the court, and keep communication with your ex civilized. Remember, the safety and well-being of your children should be your top priority. If you have legal questions, contact the legal office of John D. Wieser Esq., PC, today.
