Ventura California...
In our custody agreement there is a typo- The person who has the kid for Xmas eve, keeps them until 10:00 PM (it's supposed to read AM) and the other parent picks up at 10:00 am, and gives the kid back at 6:00 the next day.
The following entry stats the parent picks up the kid at 10:00 am, as is the obvious intention of the document.
This year she's saying that she is going to keep my son on Xmas day until 10PM. Basically negating my xmas rights.
So I have contacted my lawyer. But have not heard back. What usually happens in these cases? If I show up, and he's not there, what should I do, and if I call the cops, what can they do?
We are still fighting in court, btw. She's also denying that her boyfriend is anything more than a room-mate. (even though they sleep together). Any suggestions and ideas would be much appreciated. Thanks!
2006-12-20 08:19:08 · 12 answers · asked by Sad-Dad 3 in Family & Relationships ➔ Marriage & Divorce
for right now use the typo to your advantage. if you are within your rights in regards to the custody court order then when you go to get him and she does not give him to you, you can call the police and they will give the option of A) givin the child to you as the order states or B) she can violate that court order, chances are she will choose A. if she refuses to give you the child just call the police and they will look at the court order. in some cases though, they will not get involved and leave you to file a motion with juvenile and domestic court for violating a court order. you never know what the police may do unless you call them. my neighbor had that same problem and she came over to my house and asked, she called the police and the police read the court order and made the other parent either give the child or be arrested. good luck. and for right now the police don't care if it is a typo or not, they will look at what the paperwork says and leave you guys to repetition the court later to have it fixed.
2006-12-20 08:47:43 · answer #1 · answered by ABC 3 · 2⤊ 0⤋
These are such ugly situations.. and i understand your frustration, i really do.. For the first 3 yrs. i was w/ my husband his ex had his 2 boys and we never had the leisure of haveing them on christmas morning we knew better then to even ask. Or any holiday for that matter. Now we have custody, and we still let her have them for christmas morning. But she still has to have them home buy 10 in the morning that way we have them for the rest of the day. But let her have her way, BUT make note of it on the calendar of what day you spoke w/ her and what was said. But remind her that she is in contempt, by going against the court order..and leave it at that, just say ok i will be there to get him/her at ten just as she wishes. and when you pick up your child be as nice as you can, say thank you! and call your lawyer tell him about the typo and you want a new set of court papers that do not have the typo and do not tell her that you have the right set of court papers when you get them....The boyfriend is the least of your problems, unless he has a criminal background. But just give her, her own way for now atleast you will have your kid and tell you son/daughter that santa knew he/she woud be here late so they will have presents under the tree in the morn...But you have to start keeping record of everything that goes on that she is doing against the order write dates times and everything... and go back to court.Call your lawyer though and get the right court papers man...Geesh is that messed up....I feel for ya, on christmas to boot...
2006-12-20 08:51:50 · answer #2 · answered by laci 2 · 0⤊ 0⤋
i'm fairly puzzled with what you elect? you have often happening this guy for 7 years so which you ought to have often happening what he replaced into all approximately after 7 years. the 1st time he stole something and have been given into hardship with the regulation could have been sufficient for me, why did you proceed the relationship once you ought to are transforming into to be out? whilst this guy served time you ought to have moved and not instructed him the place you have been going or maybe given him your telephone selection. It sounds to me such as you appreciate the exhilaration of a foul boy on your situations, you may no longer have it the two approaches.. or maybe regardless of each and every thing of this mess you married this guy, WHAT have been you questioning? Getting revenge for what? You knew what this guy replaced into all approximately and that's hardship with a capital T in the past you acquire in touch so deeply.. Revenge isn't sweeter such as you think of it quite is. You had many opportunities to destroy out, yet somewhat you persevered to contain your self greater with this guy, why i don't understand. So getting revenge is basically too previous due, this guy already has a criminal record and doubtless does not care or have any admire interior the regulation... document for a restraining order or a keeping order it quite is worth better than a restraining order is... suitable of success
2016-10-15 08:03:29 · answer #3 · answered by ? 4 · 0⤊ 0⤋
I hate to hear parents fighting over such trivia things as time. You both need to be a little more lenient. I wish you two could come to some compromise and let you have him on Christmas or whatever day is that you want him. BTW what she does with her boyfriend is none of your business unless it effects the child. For the child sake, you two need to get your act together fighting over who gets what day is so silly. Come to an agreement so you won't ruin the kids Christmas. Remember the kid in this matter.
2006-12-20 08:33:01 · answer #4 · answered by kitcat 6 · 1⤊ 1⤋
I would keep calling your lawyer until you get a hold of them and I would be there at 10am on Xmas, because if you are not she may use that against you. I am so sorry about that, that is horrible that she is going to do that to you because it not only affects you but most importantly, your son. Good luck!
2006-12-20 09:07:55 · answer #5 · answered by mydds07 2 · 0⤊ 0⤋
Sad to say this, but for several years my ex and I would fight "over the kids", when in truth it was nothing to do with the kids. We were using the kids as a mechanism to throw our insults and accusations at each other. So what if she has a boy-friend...move on with your life and get off the petty issues. All this crap is hurting your children as they do feel the tensions. Ever heard of making mountains out of mole hills....?
2006-12-20 08:35:26 · answer #6 · answered by Rudy 2 · 1⤊ 0⤋
#1 is wrong - it does matter who she sleeps with if clauses in your divorce papers say you don't have to pay her child support if she's married or shacking up with a new man.
Keep calling your lawyer - with that typo in there, he's the only one that can help you. Just remember, any of this mess she's pulling you can use on her in court, write it all down! Good luck.
2006-12-20 08:26:17 · answer #7 · answered by skatoolaki 3 · 0⤊ 0⤋
keep calling your lawyer & see what he tells u other than that- you can't do anything about it and if she violates court orders let her and tell the judge what he did next ti me you go to court and he's gonna give it to her and tell her she did a mistake. Other than that- you can't call the police- it's too much for such a small problem- the police will tell you the same thing.
2006-12-20 08:22:57 · answer #8 · answered by Cheesy Stuff 3 · 0⤊ 0⤋
Show her that you are better then she is and let her keep your son until 10.Let the court take care of her.
2006-12-20 08:29:03 · answer #9 · answered by david o 3 · 0⤊ 0⤋
First you have to think this is your christmas she had her chance last christmas so its your turn if she does you should go to court and battle for a time with your kid for Christmas.
2006-12-20 08:31:45 · answer #10 · answered by Pepsi Chick 2 · 0⤊ 0⤋