• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can he do this? What are my options?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Ohiogal

Queen Bee
Thank you, LEGALLY was what I was looking for. You may think its asinine, however you have no idea what they have put the children and myself thru. They cause significant emotional issues with the kids EVERY time they have them.

Legally dad can then go to court for you interfering with HIS parenting time and get you on contempt.
 


TinkerBelleLuvr

Senior Member
Without an ROFR, what dad chooses to do on HIS time is HIS business. Now, if the courts limited the GPs time, that would be a different story, but we know it's not.

Now, if the GPs choose to NOT follow the parenting time giving-up-the-children time, mom can choose to file for contempt. A one time incident, nothing to stand on. An on-going, every other weekend problem, mom can file against dad.
 
Poster's history:
https://forum.freeadvice.com/search.php?searchid=2511971

September 9 thread was about her not sending the children over to grandparents' house but now she doesn't them over there on dad's time and wants to control it?

OP is starting to appear to be a control freak and wanting to limit dad's family from ANY relationship with the children.

That's actually not the case. I completely understand Dad can take the children to do whatever he wants during his parenting time. I only questioned it because he left them there, left town, and had no intentions of coming back.

To answer an earlier question about drop offs, our agreement states that Dad and I will meet at an agreed upon place for return of the children.

I did not go and pick them up early, but went at 7 pm and the grandparents refused to even open the gate to there home to let me in. I had to wait an hour and a half longer to gets the kids home. They do this every time they have them and it's getting ridiculous.

Dad does this now nearly every weekend he has them. Picks them up, but leaves early, sometimes a day early, and leaves the kids with his parents. That leaves me to deal with them every time to get them home and they make it extremely difficult. They told my children two weeks ago they are taking their mommy to court. I would think the minute Dad leaves town and doesn't intend on coming back the kids would be able to come home. That's why I wanted some opinions. Thanks everyone.
 

Ohiogal

Queen Bee
That's actually not the case. I completely understand Dad can take the children to do whatever he wants during his parenting time. I only questioned it because he left them there, left town, and had no intentions of coming back.

He is allowed to do so.

To answer an earlier question about drop offs, our agreement states that Dad and I will meet at an agreed upon place for return of the children.

If the children are not at the pickup place then file contempt against dad.
I did not go and pick them up early, but went at 7 pm and the grandparents refused to even open the gate to there home to let me in. I had to wait an hour and a half longer to gets the kids home. They do this every time they have them and it's getting ridiculous.

Then file contempt against dad.

Dad does this now nearly every weekend he has them. Picks them up, but leaves early, sometimes a day early, and leaves the kids with his parents.
See, now you are losing credibility because what you posted yesterday stated this:

Dad gets kiddos from 7 pm Friday until 7 pm Sunday. He picked kids up on Friday and I just found out that he left town several hours ago and left our kids with his parents that live here in the same town I do.

You acted as though this was out of the blue in your first post. Now it is NEARLY EVERY WEEKEND. If it was nearly every weekend and yesterday was one of many your posts would have conveyed that. In September (September 9) you didn't mention that issue.

That leaves me to deal with them every time to get them home and they make it extremely difficult. They told my children two weeks ago they are taking their mommy to court. I would think the minute Dad leaves town and doesn't intend on coming back the kids would be able to come home. That's why I wanted some opinions. Thanks everyone.

Nope. Dad has a right to have HIS family spend time with the children on HIS time. You seem to want to make sure that doesn't happen. You want Grandma and Grandpa cut out of the picture due to YOUR personal feelings towards them and vice versa. Won't happen -- not based on that.
 

LdiJ

Senior Member
He is allowed to do so.



If the children are not at the pickup place then file contempt against dad.


Then file contempt against dad.


See, now you are losing credibility because what you posted yesterday stated this:



You acted as though this was out of the blue in your first post. Now it is NEARLY EVERY WEEKEND. If it was nearly every weekend and yesterday was one of many your posts would have conveyed that. In September (September 9) you didn't mention that issue.



Nope. Dad has a right to have HIS family spend time with the children on HIS time. You seem to want to make sure that doesn't happen. You want Grandma and Grandpa cut out of the picture due to YOUR personal feelings towards them and vice versa. Won't happen -- not based on that.

The grandparents are deliberately refusing to release the child to mom when the child is supposed to be released. That is a very hostile act and ANY parent would be angry about that.

However, as you stated, she needs to take dad to court for contempt for not returning the children on time. Once dad gets punished by the grandparent's actions, the actions are more likely to stop.
 

gr8rn

Senior Member
I think OP's biggest problem is that she is saying as soon as Dad leaves town she should be able to pick up the kids. That is controlling.

The grandparents, however are keeping the children very late much later than the (7pm?) pick up time.

If you would just let them stay until 7pm THEN try to get them and THEN if they are not released, and if it becomes a pattern, you can take them (or dad) to court for contempt.

But you keep saying as soon as Dad leaves town you shoudl be able to get the kids, that is WRONG. The grandparents have every right (given byDad) to take the kids when he has to leave town, but when they keep them after your pick up time THEN they are wrong.

You cannot do anything about his time just your time.
 

LdiJ

Senior Member
I think OP's biggest problem is that she is saying as soon as Dad leaves town she should be able to pick up the kids. That is controlling.

The grandparents, however are keeping the children very late much later than the (7pm?) pick up time.

If you would just let them stay until 7pm THEN try to get them and THEN if they are not released, and if it becomes a pattern, you can take them (or dad) to court for contempt.

But you keep saying as soon as Dad leaves town you shoudl be able to get the kids, that is WRONG. The grandparents have every right (given byDad) to take the kids when he has to leave town, but when they keep them after your pick up time THEN they are wrong.

You cannot do anything about his time just your time.

That's what she did last night, and the grandparents made her wait an hour and a half.

I personally think that after a while of the grandparents doing that, that ANY parent would want the child returned when the dad left, so that the parent didn't have to deal with the grandparents.

She needs to file for contempt now.
 
He is allowed to do so.



If the children are not at the pickup place then file contempt against dad.
Ok

Then file contempt against dad.
Ok

See, now you are losing credibility because what you posted yesterday stated this:



You acted as though this was out of the blue in your first post. Now it is NEARLY EVERY WEEKEND. If it was nearly every weekend and yesterday was one of many your posts would have conveyed that. In September (September 9) you didn't mention that issue.

No, I didn't. Just because I didn't mention it before, doesn't mean it hasn't been an issue because it has. I don't see how I could be loosing any credibility because I didn't mention it in each post. It has been an issue, and I have TRIED to be patient, but I am now losing said patience which is why I am asking about it NOW.

Nope. Dad has a right to have HIS family spend time with the children on HIS time. You seem to want to make sure that doesn't happen. You want Grandma and Grandpa cut out of the picture due to YOUR personal feelings towards them and vice versa. Won't happen -- not based on that.

Nope, I don't want them completely cut out of the picture, I just don't think I should have to go thru this almost every time just to get the kiddos back. The grandparents are controlling, manipulative, and down right rotten sometimes, but I don't want them out of the kids lives, I just would rather not have to deal with them...but Dad makes sure I do.

I don't care whatsoever if Dad takes the kids there on his time, however, yes I would prefer that he have to bring them to me if he is leaving town so I do not have to continue going thru this with his parents.
 
That's what she did last night, and the grandparents made her wait an hour and a half.

I personally think that after a while of the grandparents doing that, that ANY parent would want the child returned when the dad left, so that the parent didn't have to deal with the grandparents.

She needs to file for contempt now.

Thank you. I know that intent can certainly be lost on the internet and it seems that is what is happening. I am definitely not trying to be controlling, I'm just at my wits end. I appreciate your understanding.
 

Ohiogal

Queen Bee
Nope, I don't want them completely cut out of the picture, I just don't think I should have to go thru this almost every time just to get the kiddos back. The grandparents are controlling, manipulative, and down right rotten sometimes, but I don't want them out of the kids lives, I just would rather not have to deal with them...but Dad makes sure I do.

I don't care whatsoever if Dad takes the kids there on his time, however, yes I would prefer that he have to bring them to me if he is leaving town so I do not have to continue going thru this with his parents.

Every time you leave the children with anyone else make sure you take them to dad first then and don't even THINK of letting them go to your family -- especially if you are going to leave them there at all.
 

LdiJ

Senior Member
Every time you leave the children with anyone else make sure you take them to dad first then and don't even THINK of letting them go to your family -- especially if you are going to leave them there at all.

That was unfair. Dad lives 5 hours away and dad's parents are being ridiculous. If dad's parents were here telling this same story you would be hammering them...and hammering their son as well for the fact that the child isn't being returned to mom on time.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top