refuse visitation - Mothering Forums
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#1 of 4 Old 08-22-2011, 02:25 PM - Thread Starter
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My ex moved out of state about 18 months ago. I recently filed a petition to alter visitation. Our agreement was formed when we both lived in the kids school district. She now lives aproximately 4 hours away. Up to now she comes to get the kids alternating weekends and I think that should stop. I am not sure of the upcoming court date. Do you think I am within my rights to refuse visitation at this time? She has ignored a lot of the visitation details up to now and that is what has forced me to move forward. She yanks the kids back and forth and pays little attention to their social and academic lives.


I thought I was legally within my rights to refuse because she is in violation from moving out of jurisdiction.

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#2 of 4 Old 08-23-2011, 06:54 AM
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I would really really advise asking your lawyer this question. IMO, refusal of visitation can hurt your case in the long run.


In my case, I continued to facilitate visitation with my exH until and a bit past the time I obtained sole custody. Afterwards, I was within my rights to refuse visitation if it appeared dangerous for my child...and at the first opportunity, he gave me the chance to exercise those rights.


Good luck.

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#3 of 4 Old 08-23-2011, 07:18 AM
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I would also seek legal advice.  A four hour drive on a school weekend doesn't sound conducive to homework OR actually getting to school.  Call the friend of the court and ask.  I'm assuming that she doesn't care much if they get to school on time or anything?

DD 2/08
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#4 of 4 Old 08-23-2011, 08:08 AM
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OP i am not clear about something. does she come every alternate weekend and picks up the kids for hte weekend or does she keep them a week? that cant be possible can it?
if she is just taking them for the weekend - what is wrong with that? yeah there is a 4 hour drive but that is not bad if she does friday to sunday. that is not called 'yanking'. if you deny her this the courts are NOT going to be pleased with you.
however i dont want to go ahead and speak more coz i am confused and dont exactly know what's happening so dont feel i can give you teh correct advice. plus how old are your children.
if she has been doing this consistently for the past 18 months, why are u stopping her now?

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