Can a custodial parent take kids from non-custodial parent on days that non-custodial parent is suppose them?

Question

Been with my GF for 2 years. I have 2 other children both grls from a past relat. My ex and I hve joint custdy & I hve visitation set 3 days a wk where they are with me and my family during that time. A court order is already in place for me 2 hve them during my 3 days. 2 of that days that I hve my grls I work 3rd shift but only during the night time. My 2 grls spend at my mother’s house while I am at work. My ex-wife brought my 6 yr old has a cell phone and she brings it over my house and my GF and I set rules in our house that she is allowed 2 use the phone only at certain times. My 6 yr old cried one day because she didn’t agree and my GF pulled her by her shirt and told her 2 stop crying. My ex-wife found out and is pulling the abuse scam on us and decided 2 try 2 pick my kids up during the time the court order says I am suppose 2 hve them. Can she do that? Is this legal? Does she hve the right 2 up and decide that she wants 2 take them when there is a court says to be with me?

Answer 1

When there are violations in the custody, the other party could validly claim custody. Thus, you have to be careful with the children and talk to your GF that she must be kind to them.

Answer 2

No, she doesn't. She can call the police and have your girlfriend arrested for assault, get a restraining order against your GF, or go to court and have visitation modified, but she cannot act as judge, jury, and executioner with regards to visitation orders. She is acting as if she is 'allowing' the children to stay with you, at her discretion. That is not the case. What she did is called 'custodial interference'. It is a crime. Next time she tries it, lock her out and call the cops.

As an aside, your girlfriend should have no role in disciplining your children whatsoever. Even if you marry her, she is not their mother. She is a stranger to them, in the eyes of the law. If she is alone with them, she is the same as a daycare provider. If you wouldn't allow a teacher or daycare provider to snatch your child up by the shirt, then you shouldn't allow your gf to, either.

And what the hell is a 6 year old doing with a cell phone? Who does she need to call? That is the most ridiculous thing I have ever heard. I would take her phone away the minute she steps in the house.

Answer 3

There are three sides to every story .. yours, hers and the truth, which is usually somewhere in the middle.

What I gathered with that run on paragraph was you trying to downlplay something important. Your girlfriend has no legal right to lay a hand on your child, and the fact that you allowed it, and downplayed it, says quite a bit about your own sense of morality, and where your priorities lay. I know you say she "pulled her by her shirt", but this is why I mention the truth is usually somewhere in the middle.

No, legally your wife cannot take the child on the day you have court ordered visitation, however legally your g/f can't abuse your daughter.

If your wife suspects abuse, she can get a court order to stop your visitation until the matter is investigated.