My fiance's ex wife has said that we can't have the kids for christmas. It states in divorce papers that they have alternating holidays in the state of michigan. She had the kids for thanksgiving in the state of virgina. She is coming to Indiana which is where we live for christmas with her family but said that we couldn't have the kids cuz it's not in Michigan. The divorce papers also state that neither parent can take the kids out of the state of michigan without written permission from the other which she has not had for any of her trips.
2007-12-16 10:09:59 · 5 answers · asked by sara r 1 in Family & Relationships ➔ Marriage & Divorce
I would like to be there at the contempt hearing when she tells the judge...well that only applies in Michigan. The judges order does not only apply when they are in the state it is issued....imagine every parent who wanted custody could just take their kid across state line (that is about 5 minutes for me) and do whatever they wanted....she is gonna get slapped really hard for this if a judge ever sees it.
2007-12-16 10:33:34 · answer #1 · answered by George 5 · 0⤊ 0⤋
The divorce decree is the final word here, and spells out all details. Usually alternating holidays is the norm unless prior arrangements have been made. Yes written permission by the ex or the courts is needed to remove the kids from their residential state or face charges of parental kidnapping
2007-12-16 10:26:03 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
I would think the divorce decree will prevail no matter which state. Contact your attorney ASAP. Seems if she wants to play hardball, then go for it. At first you can let her know that if she isn't bringing them to you in Indiana (and her saying so needs to be on the record), then she doesn't have permission to leave Michigan with them and you will file for contempt. You need to go bofore a judge and have provisions included since you no longer live in Michigan. That's the best part about Child Support and Child Custody, nothing has to be permanent until they are grown. You can keep going back to court if necessary. Unfortunately, you should have to go back to Michigan to get the orders. Don't let her continue to make you live your life at her convenience.
2007-12-16 10:18:01 · answer #3 · answered by SWEETYPI 4 · 0⤊ 0⤋
What is in the court order is what prevails. My ex and I had it set up where one year I had daughter for Thanksgiving, he had her at Christmas, next year HE had her for Thanksgiving I had her for Christmas, as she got older we allowed her to decide where she wanted to be on the holidays, and we had the court order so amended.
2007-12-16 10:45:00 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You really need to sort a better routine out..Ill explain what i do with my parents:
The holiday its self im with my mum
The day/weekend after i go to my dads.
2007-12-16 10:15:06 · answer #5 · answered by FraggedRabbit 3 · 0⤊ 1⤋