My ex and I have a "Parenting Plan" from the court stating I will get our sons every summer, however for the past 3 years he has "altered" the plan to meet HIS needs. It states ,I will get the kids from June 1 - July 31 paying all costs for traveling (I am in NY they are in TN) He makes plans with his wife, 2 daughters and our sons to go on vacation every first week in June (MY TIME) and wants them returned to him 2 weeks prior to the end of July even though he has both boys FULL time during the year.I only see them those 2 months.Should I file for contempt of court for not following the parenting plan? I have documented work showing harrasement from both of them towards myself as well;phone calls,IM's,emails,etc.I LOG everything(already thought of that).He phoned in April to say I would NOT be seeing my sons this summer AT ALL!That he would bring them to me for a day or 2 when he comes to NY to see his parents.
2007-05-14 09:53:30 · 8 answers · asked by Gina 1 in Family & Relationships ➔ Marriage & Divorce
He did not legally "alter" the plan..he just doesn't choose to go by the Parenting Plan. And as for me not having custody..he moved out of state with them and just slapped me with custody papers.
2007-05-14 10:03:52 · update #1
Furthermore, I feel like my hands are tied because he's in TN and I am in NY. Can I seek a lawyer in NY to handle a case in TN or do I have to travel there to file a contempt (would be my first question). And I'm far from an unfit mother.Love them, call them (when they allow me to speak to them..they (dad and step Mom) screen the calls and don't always pick up the phone)..what more can I do?
2007-05-14 10:09:25 · update #2
I would definitely contact a lawyer...probably need to start in the state that the divorce was finalized. Legally I believe you could show up at the police station on the date it shows you are to take custody for the summer and they will go with you to pick them up. Doesnt start a great summer for the kids but... I know a friend of mine had to do this a couple times before he started agreeing to let her pick them up at the scheduled times. Nothing more embarrassing than a police car outside your home.
2007-05-14 10:15:40 · answer #1 · answered by linda m 3 · 0⤊ 0⤋
I am going through the same with my ex husband.........I had custody and when got married again and went to move I let the kids stay with their dad until the school year finished so they wouldn't have to move now that it is time for them to come back he had a change of heart. First if you have an order make him follow it or file contempt charges. You can get an attorney in NY who can help you get started and that needs to be your first stop. Second on June 1 fly to his town go to the police station take your court order and get the kids do not send them back until july 31 no matter what he says. Parents need to see that kids need us both and quit using them as a pawn. Feel free to contact me if you wanna chat
2007-05-14 18:08:27 · answer #2 · answered by mandj_stahl2006 2 · 0⤊ 0⤋
This is a question for a lawyer to handle. When you say he "altered" the plan do you mean he had this legally modified? If not, then yes, he is in contempt of court and should go by the plan that the court modified.
But I would definitely consult with an attorney on this one.
2007-05-14 17:00:58 · answer #3 · answered by Girl Next Door 2 · 0⤊ 0⤋
Apparently you handle things badly.
I would not of settled to have my kids for anything less than full time.
And the very second that I knew I wasn't getting my kids on schedule I would of called the lawyer to see how to get my spouse to do what was ordered by the court.
Your "documenting" stuff is a bunch of crap that a spiteful ex does to get back at someone for no real reason.
2007-05-14 17:15:46 · answer #4 · answered by snack_daddy10 6 · 0⤊ 1⤋
The only thing you can do is to talk to your attorney and let them know what's going on. If he keeps it up and you keep dragging him to court, the judge eventually is going to get p***** and do something about it. You might also find out if he can be held in contempt of court for that....I'm not sure.
2007-05-14 17:08:57 · answer #5 · answered by suzlaa1971 5 · 0⤊ 0⤋
definitely go to court over this, they are your kids too. If you don't mind me asking, why don't you have full custody? A thought that pops into my head immediately is that he doesn't want you to have the kids because he thinks you are unfit. But if it is writing and court ordered, he is violating that order and could get jail time.
2007-05-14 17:01:10 · answer #6 · answered by Robyn H 2 · 0⤊ 0⤋
I think you should take all the information and proof you have and ask a lawyer about this.
It doesn't seem fair that he is doing this, and you have to protect your children. The last thing you need is to have your kids hear that you don't love them, which is unfortunately very common.
Get an attorney's advice ASAP.
2007-05-14 16:58:56 · answer #7 · answered by Nena S 6 · 0⤊ 0⤋
YUP! CONTEMPT! He sounds like a real winner that one. Good luck baby, i hope you get his a**!
2007-05-14 16:59:23 · answer #8 · answered by Anonymous · 0⤊ 0⤋