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nomeansno

Member
What is the name of your state? Colorado

I've been divorced from my Ex for 5 years now. He had no interest in parenting the first few years calling only a few times a year and going as long as a year and a half without seeing them at all. Three years ago I got remarried and he even asked my new husband to adopt them so he could avoid child support. I've worked very hard to remain friends with him, despite his desire to only parent on his terms and when it is convienent for him.

My ex just got remarried, both he and his wife are military. He called and asked if he could take the kids for the summer, and I agreed. (There is no actual visitation agreement) I was excited for the kids, they need their father in their life. I sent them despite severe panic attacks, I've never been away from them for more than two weeks at a time. He's never had them for more than a few days at a time...

Three weeks after they went to stay with their Dad I figured out that something was up. He had a five bedroom house, bought the kids all new furniture etc. I finally asked my oldest what was up and she said Daddy said we aren't allowed to talk about it.

I was beyond mad, and confronted him. He and his new wife decided that they were going to keep the kids. They are being transfered to England soon, and were going to take the kids out of the country! I took care of that by pointing him to the divorce agreement... I have full physical custody and kidnapping in the military is a serious charge.

So he agreed to send them home, but demanded a change to the custody agreement giving him summers and holiday breaks. At first I agreed, because I do want them t be with him. I told him he wasn't to pressure the kids about living with him because it was upsetting them to the point of tears and he agreed. Then oldest called in tears again, Daddy stayed out late drinking. Came home drunk and kept her up until 1:30 AM begging her to stay with him. I haven't said anything but I'm not happy!

He has refused to send the kids home until after his wedding date. Which will already put them back nearly a week late for school. (he is in California at the moment) Last week he called and said that he couldn't afford to send them home and wanted to know if I can just come get them. I made arrangements to come get them, and now he says he doesn't want them to come home until after his honeymoon is over so he can say good-bye.

Needless to say my patience has run out, this is the second time he has agreed to transport them to and from California and then found it inconvienent and I've had to scrape up money to go get them. I'm disabled and a 2000 mile trip leaves me exhausted for a week or more.

Like I said he is moving to England, and I'm having serious problems with letting them visit him there. California is bad enough, but that's more than a chunk of change to go get them when he once again finds it inconvienent.

There is no visitation agreement like I said except for this line "as father's military duty allows" I want to refuse to let him take them out of the State again... he is welcome to see them, just not take them so far away.

Is that OK?
 


Ohiogal

Queen Bee
Here is the issue:
YOU have allowed him to do this. There is no visitation agreement and while you complain that the kids are coming back a week late for school -- who's fault is it? Quite frankly it is yours. You are allowing dad to walk all over you. IF you have no visitation agreementand you have sole custody both physical and legal, go pick up your kids. Quit caving in to whatever Dad says. He doesn't have the right to call the shots. You need to grow a backbone and stand up to this man. The children are due back for school -- end of story. The children will NOT stay until the end of his honeymoon. End of story.

If he wants visitation let him file for it. He will get some visitation. The courts won't necessarily make him do visitation in state because you have allowed the kids to go with him -- he is their father -- out of state. And they appear old enough to travel (not infants/toddlers). You may be able to keep them in this country however.

At this point however, without a court order, you have every right to not allow him to take them out of the country, out of the state or out of your home. If you had a court order and were following it and he didn't return them then you would have contempt of court. But you don't. And you are allowing him to change the dates and what not.

You let the kids go. You go get them back.
 

stealth2

Under the Radar Member
How old are the kids? If all are over 5, they may be able to fly as unaccompanied minors, which would reduce the stress for you of having to travel to get them.
 

LdiJ

Senior Member
stealth2 said:
How old are the kids? If all are over 5, they may be able to fly as unaccompanied minors, which would reduce the stress for you of having to travel to get them.

Assuming that dad would actually agree to put them on the plane.
 

nomeansno

Member
I agree about the backbone thing, there are no feelings whatsoever for him, I just wanted to remain friends. Since this is the first real visitation, I was excited for the kids... (I grew up without a father does that make sense?)

I'm very dissapointed in him, it's all about child support and money. He kicked us out on the streets and then continued to claim the kids on his military records... then kept the money. He even asked if he could not pay it when he got his third DUI. We get along fine until it comes to money...

I know this sounds strange but I really do want what is best for my kids, and I try to keep my feelings for him seperate from our relationship with the kids. I am really concerned about the effect this had had on the kids but I don't want to deny them their father either... or their new little brother.

I've never had a backbone, he knows that... and he uses that... that's how he got away with affair after affair... the thing is I'm growing up, I'm in a lot of counseling and learning nifty little phrases like "NO" and "I choose"

The kids are 7, 10, and 13... the 13 year old says she never wants to go back because of what he's pulled this trip, and I am not comfortable with the yunger two going without her. I don't trust their father to care for them properly without her for good reason...

I'm not worried about a custody battle, there wont be one... everything has been well documented, along with some very ummmm embarassing information from our marriage. He doesn't want his new wife to know what he put us through.... I just want what is best for the kids, and I can't keep financing his irresponsibility either...
 

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