Ask a Lawyer: Broken Leg, Loss of Custody?

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Get Expert Family Law, Fathers Rights Article Advice from our Ask a Lawyer Topic Section on SingleDad. This month, learn about a Divorced Dad who has broken his leg and is out of work. Does he lose his custody rights? Read more.

Ask a Lawyer: Broken Leg, Loss of Custody?

Get Expert Family Law, Fathers Rights Article Advice from
our Ask a Lawyer Topic Section on SingleDad. This month, learn about a Divorced
Dad who has broken his leg and is out of work. Does he lose his custody rights?
Read more.

Ask a Lawyer on
SingleDad: Broken Leg, Loss of Custody?

My name is Rick and I am a 43 year-old Divorced Dad living
in San Marino California. I have 2 children ages 3 and 5 and have been divorced
just over a year. My ex-spouse lives approximately 15- minutes away in the next
town and we have had our challenges with our post-marriage relationship.

I have been in the construction Industry for over 15 years
and recently had an on-the job accident. I broke my foot and will have a cast
up to my knee for the rest of the summer. I am not in a lot of pain, just the
inconvenience of "hobbling around" and using crutches to do the everyday
household items when I have my kids over. Between my girlfriend and parents, I
am able to provide transportation for my kids during my joint custody.

So here’s my dilemma,

This past week, my ex-spouse sent me an angry email telling
me that she is not going to exchange my kids while I remain at home with a
cast. She claims that it is a safety issue. I personally think it is a
"girlfriend issue" because the last exchange I had my girlfriend drop my kids
off and I was in the passenger side of her car when I saw an "exchange of
words" between the two women. Anyways, I want to know if my ex-spouse has a
right to without my kids from me.

What are my legal rights?

AAL

Answer from:

Craig A. Candelore,
CLS-F

1. The Ex-Wife does not have
the right to withhold the children from you. You may want to remind the Ex-that
she cannot withhold the children and you will take legal action to enforce your
rights.

2. Common sense dictates to
keep the girlfriend away from the Ex as much as possible so if you can use your
parents for pick up and drop off, so much the better.

3. If Wife actually withholds
the children from an exchange make sure you document the incident and seek
enforcement (contempt) with the court.

It is important that you act quickly so that you can do
everything possible to make sure that your children have a safe and happy environment
Call our offices regarding your case and for more information on what your
rights are as a father and other family law issues visit me at: MensLegal.com

Got Family Law Questions? Ask a
Lawyer on SingleDad

Get FREE Expert Family Law Article Advice from our Ask a
Lawyer Family Law Expert, Craig Candelore on SingleDad. (Click here) and send us your questions about Father’s
Rights, Paternity, Child Custody, Child Support, Modification, Parent
Alienation, Alimony and Spousal Support and we will get you answers fast.

Richard JaramilloRichard “RJ” Jaramillo, is the Founder of SingleDad.com,
a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children.
RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents
“Make Life Happen…Again!”