My ex, or shall i say my ex's "mother", sends a certified letter saying when my ex wants the kids for the summer. (mind you his momma makes his decisions) Says from august 25 to august 17. But our divorce papers say: From extended periods or periods he has children for thirty days begining no earlier than the day after school is let out for summer vacation and ending no later than seven days before shool resumes back in session. I am getting an attorney for this, but doesn't say for 30 days not the entire summer?
2007-03-27 06:21:46 · 13 answers · asked by karen j 1 in Family & Relationships ➔ Marriage & Divorce
Okay, it is up to you to decided if you want the kids to go with him for the summer or not. Yes, it might be in the divorce cree that he gets 30 days (1 month) during the summer, but it is to your discretion if you want to. Plus, he is supposed to contact you letting you know when he wants the kids, not his mother. If he doesn't contact you, then you really don't have to let him get them. Send a certified letter back to her, that you will allow him and only him to call you and decide on what days are good for you to let him come and get the kids. That way, you can dictate when it is okay for him (if you so decided to) get the kids and when he has to bring them back.
2007-03-27 06:30:20 · answer #1 · answered by cinnatigg 4 · 1⤊ 0⤋
Before you get an attorney, what do the kids want to do and are they old enough to decide? Don't use the kids as a pawn against your ex.
Think of what is best for the kids. Also respond in writing with a certified letter. If you decide to let the kids go all summer, then state in the response that "although the divorce decree says that father is to have visitation over the summer break for 30 days, that for the 2007 break you (will agree or not agree) to the request for extended time."
That will keep you covered and then you should have no need for an attorney and the expense.
Good Luck.
2007-03-27 06:39:41 · answer #2 · answered by voandginger 4 · 1⤊ 0⤋
Unless, you ex's mother is also your ex's attorney (or your divorce papers state communication should be through the paternal parent), I would simply send a letter (certified as well) to your EX (not his mother)explaining that you have no legal obligations to his mother, and would rather communicate about decisions about the children with him. Explain the two of you have a legal binding custody/visitation agreement and will adhere to it, include a copy of the agreement as a courtesy in case he has lost his. I would go on to tell him if HE is not satisfied with the visitation agreement, he can petition the court to change it, but you are happy with it and see no need for the recommended changes his mother has suggested.
Hope that is helpful...you might want to consult with an attorney, but I wouldn't take the agreement to court unless you want changes made. Let him have the expense.
2007-03-27 06:35:37 · answer #3 · answered by deb 2 · 1⤊ 0⤋
You are not legally bound to answer her letter, unless your ex signed it. But from August 25 to August 17 sounds more like almost a year, or was that a typo? Consult your attorney and send your ex's mother a certified letter informing her that it's time to pop her nipple out of his mouth and let the little boy grow up and take care of his own affairs.
2007-03-27 06:29:05 · answer #4 · answered by Steel 3 · 1⤊ 0⤋
It means for thirty days, not the entire summer. The thirty days must begin after the school year ends, then he has to have them back to you, a week before the school year begins. If he wants them more than the 30days, that will have to be agreed upon between the two of you.
2007-03-27 06:29:42 · answer #5 · answered by fisherwoman 6 · 1⤊ 0⤋
It really said August 25th to August 17th? I would check with your lawyer just to be safe and send a certified letter reminding him of what times the visits were approved for. Maybe they forgot? or think you'll cave.
2007-03-27 06:27:49 · answer #6 · answered by Missy 75 2 · 1⤊ 0⤋
First off the ex's mother has no rights, grandparent rights were passed over by a bill in congress. Second if you ex wants the kids he should be the one requesting the visit and it has to be by what the decree states unless you allow him further visitation. Sounds to me the visit is more for his mother then him.
2007-03-27 06:26:59 · answer #7 · answered by swtlilblonde31 5 · 1⤊ 0⤋
Definitely check with your lawyer.
A certified letter is not a requirement to follow her orders.
2007-03-27 06:28:32 · answer #8 · answered by Terri 7 · 0⤊ 0⤋
IT DOESNT MATTER HES SUPPOSE TO TAKE THEM. YES GET A LAWYER. BUT ALSO THINK ABOUT IF YOUR KIDS WANT TO SEE THERE FATHER FIRST.
2007-03-27 06:28:03 · answer #9 · answered by masterdloski 2 · 1⤊ 0⤋
Check with your lawyer they know best..
2007-03-27 06:30:32 · answer #10 · answered by Baby Jessica 2 · 1⤊ 0⤋