My husbands X wife says my husband can not have his son for his spring break unless my husband has a note noterized saying he will bring him back to his mom after the week is up...on his divorce papers it says my husband has visitation rights for every other weekend and every other holiday and 3 weeks out of summer so can she stop him from getting his son??
2007-03-30 14:58:53 · 19 answers · asked by country_chick_8292004 1 in Family & Relationships ➔ Marriage & Divorce
His ex is in contempt of court. He should take her to court and request that she be made to pay court costs since she is in the wrong. He can get an emergency hearing.
2007-03-30 15:04:44 · answer #1 · answered by lcmcpa 7 · 1⤊ 1⤋
Depending on which state you live in and the son lives in, spring break may not be a "holiday" like Christmas or Thanksgiving. Try to work this out in a friendly manner and don't get confrontational about the issue. Work out issues to calm the mom's concerns, such as, will he be off the whole visitation time to care for him or will this be your job also.Are both of you working? What is the history of the past visitations? Does hubby bring the child home to mom on time or does she pick him up and deliver him? Try to not fight in front of the child. The marriage may be over but you are parents forever and it's better to be a calm parent always. Search your soul on this, do you really want to be a good stepparent or does he or you still have issues with the ex to play mind games with? Get his attorney to clarify the decree if possible.
2007-03-30 22:14:23 · answer #2 · answered by smoochmama2003 1 · 1⤊ 0⤋
It sounds like spring break was never specifically addressed in the divorce visitation agreement. Your husband is entitled only to what exactly was agreed to in the divorce papers. He should have had visitation either at the beginning weekend of spring break or at the ending weekend. If all your husband had to do was have a notary witness his signature on papers saying her would return his son to his mother, he should have done just that. It sounds like unnecessary hoops his ex set up for him to jump through, but she didn't outright deny him the extra visitation.
A better plan long term is to try to develop a friendlier relationship with his ex so your husband can have more unofficial visitation days.
2007-03-30 22:06:43 · answer #3 · answered by friendlyadvice 7 · 1⤊ 0⤋
First of all, your husband needs to get the police when it is time to pick up his son, have his divorce decree in hand and there is nothing she can do, Now if she tries to dispute a court order she will be held in contempt and can go to jail. Then your husband can file for temporary full custody since the ex-wife will be in jail. Also, if she doesn't allow him to see him on the regular besides this spring break have him stop paying child support and file a motion with the courts stating he is not being able to exercise his parental rights. They will comply with the court order and she can be in trouble.
2007-03-30 22:26:19 · answer #4 · answered by Kbella 3 · 0⤊ 1⤋
depends on the state, and if its not in the divorce papers that he can have the child over spring break then I dont know if she has to let him go. Sometimes parents have to go to the ends of the earth for their child and if a signed paper lets him see his child then get the paper. If he gets every other holiday and this is holiday to have him then he should but that wouldnt mean all of spring break. Right or Wrong this is probably how it is. Good luck to you both.
2007-03-30 22:10:42 · answer #5 · answered by danigirl 1 · 1⤊ 0⤋
I think the x is crazy, or someone is giving her some bad information. If this has already been settled in the divorce, then she cannot change it without going ot court. I would suggest that your husband contact his divorce attorney and tell him/her of the situation, and what can be done.
The x must be afraid that you and your husband are going to keep the child and not return him/her. Which if you did that would be kidnapping, and I don't think that the 2 of you would consider that, because who would want that on their record, because they would not be able to obtain a job ofter that, and both of you would probably go to prison in the end any way.
2007-03-30 23:02:51 · answer #6 · answered by mrs_endless 5 · 0⤊ 0⤋
thats so petty....
is it really that big of a deal to get a friggin note so he can see his son? there are no noterys there? you have no paper nor pens?
i cant believe you would even bother contesting it.
she has just cause to request the note, for there are no stipulations about spring break... and what it does say (according to you) is that he has a week at a time, except for summer.
SPRING BREAK is not considered a holiday, because its not... i dont think your other posters bothered to fully read what you posted.
borrow some paper from a neighbor, maybe another neighbor has a pen... go to the bank for it to be notorized.
.
2007-03-30 22:44:11 · answer #7 · answered by Yvette B yvetteb 6 · 0⤊ 0⤋
What will it hurt to notarize a paper saying he will bring him back. It only costs a little and all it says that he will return the son at the end of his week. Than after that contact a lawyer and make sure everything possible is covered in the legal paperworks.
2007-03-30 22:06:25 · answer #8 · answered by Virginia C 5 · 1⤊ 0⤋
No she can't. Whatever is spelled out in the divorce decree is the LAW! If she doesn't allow him his scheduled visitation, then the ex is in default. The same is true if your husband does not return his son after said visitation.
If I were him,I'd tell her to kiss my @ss and show up for normal visitation (with witnesses, preferably a Cop and record on video if possible) and if she still refuses, take her to court for violating the decree.
2007-03-30 22:47:38 · answer #9 · answered by Larry F 4 · 0⤊ 1⤋
She cannot stop him if it is specifically stated on the papers or if the Spring break is during his stated visitations. If it isnt specific enough for spring break then I would just sign the papers because that would seem to me that the X is giving this as extra time.
2007-03-30 22:03:43 · answer #10 · answered by sapphireblaze 3 · 1⤊ 0⤋
yes, she can do that, she can break court orders, change court orders that she doesn't like, and she can also use his son as a leverage or tool to control your husband totally at her discretion. And if your husband further disobeys, she can tell his son, " your dad never calls or comes to see you because he's with that **tch and doesn't love you anymore"
I don't know why the courts let these women get away with crap like that. See if there's a father's rights org. in your area.
by the way, if your husband had the boy and tried that his fanny would be slammed in jail so fast he wouldn't know what hit him. Sorry, and good luck.
2007-03-30 22:18:46 · answer #11 · answered by Gardner? 6 · 1⤊ 1⤋