custidy revolked?

[tanin489]

We've been officially divorced since November of 2000. Just recently my ex wife has decided to not let me have my kids stay over night with me during my nights we agreed on. She is saying that due the fact that I don't make much money and can't life in a nice part of town like she can, she feels that our children are not safe with me here. It isn't the best part of town but far from the worst and its all I can aford right now. She also thinks I need conciling help since I miss my kids so much I feel the need to find friends or date people and bring them into my life. I have had one bad relationship that I ended when I decided I needed to for my kids and Ex's sake cause I don't want to mess with my "business" relationship with her and now I'm in another relationship with a wonderful person that brings joy to my life.

My question is does she have the right to say I'm not a good father or its safe here and take them from me?

Please help.

Tanin

 

[dorenephilpot]

I'm an attorney from Indiana, so I can only answer this question in terms of Indiana law:

The JUDGE has the right and power to call the shots on visitation, not your ex.

If she truly feels that your situation is a danger, she needs to petition the court to have your visitation revoked officially by the court. The judge is very, very unlikely to revoke YOUR visitation rights just because she doesn't "like" your neighborhood, however.

She cannot just revoke visitation on her own, without an order from the court, even though it sounds like she's on a serious power trip (even trying to regulate your social life).

You need to ask the court to set a contempt hearing on the issue of withheld visitation. And you also need to ask the court to order HER to pay your attorney fees because her actions caused the need for a hearing.

She has no more right to withhold visitation because of her opinions than you have to withhold child support because of your opinions.

Have the court spank her, please.