Dad and I were in court this past summer because he filed a false abuse report against me with DHS. Anyway none of his allegations were ever proven (because he lied) and the judge ordered that we share legal & physical custody. The judge asked if we could work out the transfers and left it up to us. Dad at this point refuses to even talk to me or be civil & its assumed that I will always bring daughter to him. Last weekend I was unable to do that and he again called DHS with yet another false report. Since it was never ordered that I take daughter to him if I were to stop in light of his latest actions could he use that against me?
2007-10-21 03:01:56 · 10 answers · asked by strawberriesilove 2 in Politics & Government ➔ Law & Ethics
Go back to court, point out he is not cooperating, and require court-ordered description of functionality. Either the parent with the child delivers, or the parent picking up the child does, to split the responsibility evenly. BUT, in the bottom line, the decision and its implications will rest on who hires the best attorney.
2007-10-21 03:49:33 · answer #1 · answered by marconprograms 5 · 0⤊ 0⤋
The judge dropped the ball here. My daughter and her ex share custody. Neither of them make a full trip to drop off the children. They meet at a half way point and a set time. The same in reverse when the children are returned. If you stop you'll hurt the children. Children love both parents. Go back to court and have the way the children are to be exchanged made part of the court order.
2007-10-21 10:48:46 · answer #2 · answered by Classy Granny 7 · 0⤊ 0⤋
What answer was given when the judge asked if you could work out transfers? If you agreed to transporting the child, then you will need to set up something to satisfy this. I have never seen an order that requires one parent to do all the driving. His false reports will catch up with him. Please don't use the child as a pawn in this matter. Act like adults (both of you) and find an amicable means of transportation.
2007-10-21 10:25:47 · answer #3 · answered by sensible_man 7 · 1⤊ 0⤋
Doesn't help when you both aren't speaking, but no you don't have to take her to him, he should be able to pick her up, i know others who have even stopped letting kids see the other parent and the courts have a hard time getting them to do so,but that's not the answer, your daughter needs to see both parents and both you guys need to work out a reasonable plan that involves give and take on both sides. shame it has come to this, you both loved one another and did have some fun/loving times once,it's hurting everyone else around you both being like this so take that step to be the better person, if he doesn't like it then at least you tried.good luck
2007-10-21 10:18:37 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I dont suggest not taking her to see her Dad - he can use that against you in the courts. Next time you take her - hand him a letter with this information on it, that from now on he can pick her up from your house every other time and every other time you will bring her. When he picks her up at your house then you go get her, when you drop her off at his house he then returns her. If he doesnt come to get her - just dont do anything (but keep track of every time he doesnt come for the court system).
2007-10-21 10:13:01 · answer #5 · answered by elaeblue 7 · 0⤊ 0⤋
No, he is the one filing complaints, so he should be the one picking your daugther up. You should get an attorney and resolve the conflict so you don't have to deal with your psycho husband. However, if he files false complaints at you, why don't you call them and file one at him, or explain the situation with your daughter?
Unfortunately this is American legal system: it only works for you if you have plenty of money to hire good attorneys.
2007-10-21 10:21:25 · answer #6 · answered by babigrl22 4 · 0⤊ 0⤋
Since you share custody its as much his responsibilty to arrange picking your daughter up,he he refuses to then thats his problem and no the courts cant do much about it.However i suggest you keep a written journal,of everytime you attempt to work with him on this matter what when where and what was said.time ,date etc.that way you have documentation should he try to say you havent tried.Good Luck God bless.
2007-10-21 10:13:49 · answer #7 · answered by wanna know 6 · 0⤊ 0⤋
How long have you been transporting her back and forth? It's important, because if its only been 2 or 3 times then no he couldn't use it against you. But if it's been for awile, then yes he could. My favorite quote from my judge was, "if you had a problem with it, then it should have been brought up at the beginning."
In my opinion, transport should be 50/50. He should have to pick her up to take her to his house, and you should have to pick her up to take her to yours.
2007-10-21 10:09:39 · answer #8 · answered by Tara 3 · 2⤊ 0⤋
Unless your Court papers specifically require you to drive your daughter to visit her father, you can request, in advance, that he come to pick her up and return her to your home. Just tell him that you are not going to be able to do this anymore. If he truly wants visits with his daughter, this should not be a problem for him. However, I think that you should be willing to accommodate him from time to time if he asks you to drive her to his home. In other words, please don't use your daughter's visits with her father as a way to even old scores with your ex. Your daughter will be the one to suffer.
2007-10-21 10:09:28 · answer #9 · answered by Anonymous · 3⤊ 0⤋
You shouldn't always have to do the legwork - let him
pick her up. PS - Divorce is a horrible part of how evil
the world is becoming. I hope you are OK, and the little
girl too.
2007-10-21 10:05:43 · answer #10 · answered by judy f 3 · 2⤊ 0⤋