I shouldn't really call it my "visitation" weekend, we have 50/50 shared custody right now. It is a temporary order, we go back to court at the end of this month, and neither of us has a copy of our current order (it was supposed to come by mail from his lawyer, and neither of us can get a copy from her), so if it "should" be in there, I have no way of telling.
I have to work on Sunday, for 6 hours, even though this is my weekend (we alternate) to spend with my 8 m/o son. My mother is coming up to spend the day with us, and will watch him while I am at work. My ex doesn't like my mother and has 1001 excuses why she should not be alone with him. They are all b.s. and I have no reason to believe my son shouldn't be with my mother, but my ex says he's coming to my house and taking my son while I am at work. Can he legally do that? I know for a fact that the court order is supposed to say we will alternate weekends, and that this is my weekend. Can I stop him? How?!
2007-10-12 17:05:40 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
New York state. The order does exist, but unfortunately I don't have it in my hands. Neither of us has been sent a copy of it, and his lawyer has refused to return my calls when I've tried to contact her about it (she did say she would mail me a copy), and my ex says he hasn't been able to get a hold of her either, though I honestly doubt he has tried very hard.
2007-10-12 17:14:33 · update #1
I want to make one thing totally clear - I DON'T intend to stop my son from seeing his father...during their designated time together.
The fact is, that my ex is doing this, not out of "concern" for our son, as he would like to claim, but because he wants to prove that he can still call the shots in my life. He told me to take the day off from work and stay home and he'd drop it. That's because he hates the idea of me working (he wanted me to remain a stay-at-home mom even after we split up!), and will do anything he can to stop me. Including use our son as a pawn in a game, putting him in the middle of a battle that shouldn't be happening in the first place.
Also, my mom can't lock the door, or keep him out of the apartment, because HIS name is still on the lease (until the end of the month) and he still has a key and the landlord won't let me change locks or take his name off the lease until the 31st. He can come in the house anytime he pleases. Just another way he's in control.
2007-10-12 17:28:43 · update #2
If it is your weekend and you have custody, then the arrangements for child care are yours and yours alone.
If he has a problem with your mother, that is his problem to work out by himself. He can try going to court and making a case that she isn't fit to watch the child but I don't think he will get too far.
Tell him to mind his own business.
g-day!
2007-10-12 17:40:54 · answer #1 · answered by Kekionga 7 · 1⤊ 1⤋
Tell your mom to spend the day at the zoo or somewhere else with your child. Technically, if it's your weekend, you have the right to "choose" who watches your son. Just like your ex has the right to choose who watches him when it's his turn for visits. The judge isn't going to be thrilled that his attorney hasn't gotten the papers out to you yet, how convenient on her part. And, it won't look good for your ex if he shows up and takes the child from his grandmother while it's your weekend. What a jerk...good luck and hopefully the judge will turn that 50/50 into less for your ex. I hate when ex's use the kid's as control over the other parent. Hopefully the judge will see that as well.
2007-10-12 17:51:07 · answer #2 · answered by tikitiki 7 · 0⤊ 0⤋
If he withholds visitation on your weekend, this gained't look sturdy once you bypass back to courtroom, and could reason a reversal of the 50/50 ruling. purely because he does compared for your mom isn't reason to withhold your visitation, and is a contravention of the visitation settlement. The choose will view this not contained in the wonderful interest of your toddler. If he comprises your domicile, your mom isn't to respond to the door. If he will change into insistant and risky, she has each and every top to call the police, as this isn't his position of living. If the police come for your domicile, your husband is going to ought to reveal data of the visitation order. considering neither of you've one yet, if I were you i could bypass and get a replica Monday so he can't attempt this contained in the destiny. Do you've yet another relative or chum the position she could bypass such as your son?
2016-10-09 03:15:14 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I don't see how he can take the child. If the judge said 50/50 and neither of you has a copy of the order, what can he do? If he shows up at your house tell your mother not to let him in and to keep the doors locked. if he will not go away tell her to call the police and call you. I highly doubt they will let him take the child.
2007-10-12 17:19:33 · answer #4 · answered by Smartie_Pants 5 · 1⤊ 0⤋
I'm a guy and what you do with your kid on your visitation week is completely up to you. If you want your mother to take care of him and see his grandmother then fine. But as a guy I would want my son and not have your mother take care of him. You guys need to straighten things out or when your son gets older this could turn ugly. My buddy is the same situation. But they didn't listen to the court and they are settling things themselves, but they see other people, and it's whatever.
2007-10-12 17:18:12 · answer #5 · answered by Anonymous · 0⤊ 1⤋
I don't know what state your in, but if you don't have a court order I don't think you can do anything. I'm sorry for the situation your in.
2007-10-12 17:11:24 · answer #6 · answered by proud mommy 3 · 0⤊ 0⤋
You have a MUCH bigger problem right now. GET YOUR OWN ATTORNEY NOW.
2007-10-12 17:38:48 · answer #7 · answered by cyanne2ak 7 · 0⤊ 2⤋