Leaving a Child with Grandparents

[MiPiggy]

What is the name of your state (only U.S. law)? Ohio

I need to leave for business for three days I am currently in a temporary shared parenting plan pending the outcome of a divorce. The temporary order states that my spouse is to return the kids to me every Sunday at 6pm. She lives in Ohio and I live in Michigan. The kids are currently enrolled in school in Michigan.

Now that I am leaving for business for three days, I arranged to have my parents watch the kids. I will leave on a Monday morning after the kids leave for school and I will return on Wednesday shortly after they are out of school.

My soon to be ex is now threatening not to return the kids as specified in the court order because she won't allow them to see my grandparents. Grandparents have never done anything to hurt the kids, nor have I, but she is just bitter. They will miss three days of school if she keeps them in Ohio and doesn't return them.

What are my best options?

 

[justalayman]

Is there a right of first refusal in your parenting plan?

And what is the distance involved? Would it be an issue for the other parent or your parents to get the children to school?

 

[MiPiggy]

Is there a right of first refusal in your parenting plan?

And what is the distance involved? Would it be an issue for the other parent or your parents to get the children to school?

There is no right of refusal in the plan.

She is 2.5 hours away. My parents would just stay at my place and the kids would get picked up by the bus right in front of the house. Otherwise they would miss three days of school if the spouse doesn't return them to me until I get back.

 

[MiPiggy]

I should also add that my daughter will miss two physical therapy appointments and two basketball games where she's on the team.

 

[LdiJ]

I should also add that my daughter will miss two physical therapy appointments and two basketball games where she's on the team.

How old are the children? If your daughter is in physical therapy is she actually playing in the games or sitting on the bench? Could their mother come and stay with them at your house instead of your parents?

Of course its not reasonable for them to miss three days of school if they are in regular school. However if you often travel for business it may not be reasonable for them to go to school in your area either.

 

[justalayman]

Without a right of first refusal the mother does not have a right to control who watches the children during your time. Especially given the distance and the problems it causes I don't have much doubt a court would have an issue with it.

The problem is; what do you do about it?

Unless you have time to get this in front of a judge before you go it becomes something dealt with after the fact.

 

[MiPiggy]

The kids are 12 and 13. The thought crossed my mind just to go to the house and pick them up, bring them back home. I don't think there's anything she can do about it as I still have a right to be at the house, no restraining orders or ppo's, and I have the court order.

She has asked to stay at my house but there is no way. She has mental problems and has stolen and destroyed about $20,000 worth of my property.

 

[justalayman]

If you're there at 6 pm she has no right to refuse you the children. You have no right to them a minute before. If that works for you and you can pull it off without a disaster, have at it

If you think she will show up at your parents house to retrieve the Children I would consider not putting them in that position.