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would this be a custody violation?

637 Views 13 Replies 11 Participants Last post by  Bad Mama Jama
Would this have been considered a violation of a custody order?
On paper, my exdh has my dd every other weekend Fri- Sun. We are no longer speaking to one another. He said we should just email. Which I have- only he does not have a computer and does not check email. My dd had open house last night (Fri). I emailed him Monday to let him know this. He calls daily at 2:40 when I am at work and leaves messages for dd. He has not mentioned when or where to meet for the weekend visitation. His mother calls at 8:30 last night and asks for me to meet her in the am with dd (they have a picture appt. scheduled). I agree and ask why exdh did not mention it on the machine. When I meet her at designated area, exdh's parents are there. His mother procedes to tell me how sick he is, he's been in the hospital (they ruled out a stroke), it's not contagious but they do not know what it is. He has joint pain, dehydration and has been on antibiotics. He went into convulsions yesterday and 911 came to get him. They released him and he is home. His parents drove 5 hours to his house. His gf has 2 week old baby. They did not want me to know about the illness because they felt I would not have let dd come this weekend. So they told me when I got there and said that if I did not let dd go with them I would be in violation of custody order- especially since I did not let her go last night. I let her go and I feel terrible about it. I feel like I was completely blindsided by this. His mother yelled at me in the restaurant when I asked if he was still using drugs. (I was wondering if the illness would a been a reaction to mixing drugs). Also, there was no picture appointment. I do not know why they told me that.
If you managed to read this far, would it have been considered a violation had I refused to leave dd?
Could it be considered child endangerment exposing dd to unknown (but supposedly not contagious) illness?
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If there's one thing I've learned, it's this: every court is different, every judge is different, every situation is different. Can you contact your lawyer and have her/him look into it? Because it seems to me there is absolutely no way to know how any given judge would interpret any situation without actually finding out. Always a surprise.
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wow. i agree with the pp. ask your lawyer. and maybe have your dd checked out by her dr. when you get her back. so sorry mama. i would be upset too.
Um...unless his parents are in the custody order, they don't have custody rights. The ex does, and if he doesn't/can't make or show up for a pickup, then there it is. I don't see why you'd need to release her to his parents' custody unless there's some agreement.

In future I wouldn't let her go without talking to the lawyer or, if the lawyer's not available, police. I wouldn't pay attention to the ex-mil's threats, either.
Quote:

Originally Posted by mama40
Um...unless his parents are in the custody order, they don't have custody rights. The ex does, and if he doesn't/can't make or show up for a pickup, then there it is. I don't see why you'd need to release her to his parents' custody unless there's some agreement.

In future I wouldn't let her go without talking to the lawyer or, if the lawyer's not available, police. I wouldn't pay attention to the ex-mil's threats, either.
I was just going to say this...if he is the one that has her for the weekend according to the order then if he didn't show up (which he didn't) you wouldn't be in violation IMO.

again though ask your lawyer.
I agree with the above posts. They will probably try this again. Make sure you check with lawyer.

Be strong and don't let public displays of anger intimidate you.
Quote:

Originally Posted by mama40
Um...unless his parents are in the custody order, they don't have custody rights. The ex does, and if he doesn't/can't make or show up for a pickup, then there it is. I don't see why you'd need to release her to his parents' custody unless there's some agreement.

In future I wouldn't let her go without talking to the lawyer or, if the lawyer's not available, police. I wouldn't pay attention to the ex-mil's threats, either.
Ask your lawyer, but I agree with this. If ex's parents don't have visitation rights then no, you are no in violation. Unless they routinely pick up your dd and bring her to her dad.

BTW- I was also tired of being blindsided by ex's parents so I put a quick end to that one. They'd call me up and ask if Owen could come visit. Being how I am I always agreed to it and drove him over. When I pulled into the drive I'd see ex's car there
: I had a talk with his mom and told her that I don't give a rats butt if ex is going to be there- but I want to know about it ahead of time so I can tell ds. Ds does not do well with surprises. Seeing as I have 100% power over whether ex's parents even see ds, they were more than willing to let me know from now on.
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i have moved from the town i originally got the divorce in and i have no lawyer. exdh parents pay his child support and his brother (a lawyer) is advising them. exdh parents are pushing for visitation- he lives about an hour and a half from me. his parents are really pushy- we used to have a close relationship but it has fizzled out. i have spoken to a lawyer but they want a 1500 retainer fee(about a different matter regarding custody). thank you for responding.
Contact your state's version of Legal Aid, local bar association (Volunteer Lawyers Project), if there is a law school close by.

IMHO - your custody/visitation papers state (or at least in Ohio) that if a parent is 15 minutes late (could be 30 minutes don't have an order handy) to pick the child up, that the custodial parent is free to leave.

As for the grandparents - well, they can sue for grandparent visitation.

As for your EX - umm..if he was in the hospital, how was he supposed to exercise his visitation. Also, if they want to push the matter, when it comes to going to Court over Violation of a Court Order, well, you can always Subpoena his medical records for the date(s) in question. If his attorney (or grandparents) try to quash the request, you can prove that there is a valid reason for needing to get/obtain those medical reports. 1) It backs up your position that he was not available to exercise his visitation; 2) You suspect drug abuse caused this and being a good parent, you don't want to expose your child to any drug issues.

If you really want to push the matter, next time the child is visiting and you find out anything about something like this, have the police check on the well being of your child while s/he is visiting. Explain you have reason to suspect he is abusing drugs and were threatened/bullied into letting him/her go on visitation.

Lastly, I would advise that from now on all drop off/pick up be at the local police station. This way, if there is an issue (ie he didn't show up or looks stoned/drunk) you can file a report right away. I would send him a letter, via certified mail stating that from now on, you will be at XYZ Police Station, with it is address/location at the stated time in the papers for drop off/pick up; that if HE fails to appear to pick up the child after X mins (amount stated in the Order of Custody/Visitation) then he has forfitted his visitation and you will leave with the child after making an informational police report regarding the matter.
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In my dh's (not ex yet, but likely will be) parenting plan with his ex regarding their daughter, I and two other family friends are named as people who may pick up/drop off my stepdaughter for her visitations with her dad if he is unable to (like if a work conflict arises, which is rare). Likewise, it states that if his ex needs/wants someone else to pick up/drop off dsd for visits, she just has to tell dh 24 hours in advance who it will be. IMO, if your ex's parents are not named as either people who have their own visitation rights, or as people who are legally permitted in the custody order or parenting plan to pick up your child for the dad's visit, then you are under NO obligation to send your child with them. Your ex didn't show, no one else is named to pick the child up, he missed his visit. period. But, as others said, check with a lawyer about the specifics of your case... hope it gets worked out.
I know in this situation that x's parents blindsided you and that is wrong. But why would you deny them access to your dd at all. Are they as bad as x. I would think that you would want her to know her grandparents, it's just another avenue for her to recieve love.
I do not wish to deny dd her grandparents. I have on several occasions driven 3 hours (round trip) for her to spend the weekend with them. I thought that we were on ok (not great) terms and did not expect this from his mother. This behavior from her has increased lately. She has called me and yelled at me over exdh visitation (he told her that I said he could not see dd during the summer but I had actually given him the dates we would be out of town and had been trying to get dates for dd to visit him during the summer. And he never gave the dates.) I believe that her behavior stems from the fact that he and gf hid pregnancy for 8 mths. The baby was born 2 weeks ago. (see previous post). I feel that I have bent over backwards for years to encourage their relationship only to be blindsided this weekend. Until this erratic behavior began, I would have preferred dd to spend time with them instead of exdh. They continue to put their sons needs and wishes above dd's. Was it truly necessary for dd to be there immediately after exdh was released from the ER with an undetermined illness?
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I, too, would consult a lawyer because each court is so different and you need to cover your bases.
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