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re: OT Lawyers a question about child custody
Posted on 6/3/21 at 3:05 pm to broadcast_storm
Posted on 6/3/21 at 3:05 pm to broadcast_storm
quote:
Nowhere yet but she's trying to take them to Chicago even though my son has his All-Star tournament during that time. She never discussed it with me, just bought tickets and informed me of the trip..my son is devastated thinking he'll have to miss the tournament.
Damn, and spending your money to take the trip, no doubt.
Posted on 6/3/21 at 3:09 pm to broadcast_storm
Not a lawyer, but mine only requires consent for international travel. That was whatever the hearing officer put into it, not something we requested so I assume its pretty standard practice.
Posted on 6/3/21 at 3:10 pm to broadcast_storm
quote:
Nowhere yet but she's trying to take them to Chicago even though my son has his All-Star tournament during that time. She never discussed it with me, just bought tickets and informed me of the trip..my son is devastated thinking he'll have to miss the tournament.
I want to stop her because she's a selfish bitch who only cares about herself.
Unfortunately, she likely can. The issue begins if she doesn't return them to you on time/your decreed visitation. But, she's really messing up. He'll never ever forget it.
This post was edited on 6/3/21 at 3:11 pm
Posted on 6/3/21 at 3:15 pm to Sao
I don't know what you could really do prior to the trip being made, except file for an emergency hearing. I don't know that it's worth the money and B.S. to do that for this kind of thing. After the fact, you could file for contempt, but you run into the same "is it worth it" question there too. You may waste thousands for a judge to simply tell her not to do it again. Think about what kind of shitstorm you're interested in weathering before doing anything.
This post was edited on 6/3/21 at 3:16 pm
Posted on 6/3/21 at 3:18 pm to andwesway
Does my 12 year old have any say so? I told him he was welcome to stay with me and he absolutely wants to do that. Is he old enough to decide and override her bullshite trip?
Posted on 6/3/21 at 3:22 pm to broadcast_storm
Not really, unless you want to go to court and start over again.
Posted on 6/3/21 at 3:28 pm to broadcast_storm
If it is not restricted in the paperwork, then there is nothing against it. Most just say you have to notify other parent on overnight trips.
No, the kid has no say so.
No, the kid has no say so.
Posted on 6/3/21 at 3:33 pm to broadcast_storm
First, Louisiana requires domiciliary parent appointment, even if shared 50/50 or any other form of joint custody. Second, nothing to do with custody is in a divorce decree. In Louisiana, there are 3 sections/steps in a divorce with kids. 1 is custody of kids, 2 is divorce, 3 is community property. Inside the custody agree in Louisiana is standard language that states each parent shall notify the other parent if the kids will be out of town overnight. It even normally says that 48 hours notice, as well as an address and contact number should be provided. If 48 hour notice cannot be fulfilled, as soon as possible the other parent should be notified. also typically in custody agreements is some sort of guaranteed time for each parent to take a vacation with the kids. 8 days, 10 days, whatever it is, the language is in the custody agreement. If none of this is in yours, your attorney was not thorough at all!!
Posted on 6/3/21 at 3:35 pm to cenlaconvertedsouth
quote:
First, Louisiana requires domiciliary parent appointment, even if shared 50/50 or any other form of joint custody.
Wrong. There is no domiciliary parent appointed in my custody agreement. I didn't waste time reading anything else you typed.
Posted on 6/3/21 at 3:38 pm to broadcast_storm
Then you both as parents agreed to this, as the Courts REQUIRE one to be named if custody is decided by a judge
Posted on 6/3/21 at 3:39 pm to cenlaconvertedsouth
Also wrong about that 48 hour notice bullshite being standard. If you want to control your ex and what they do on their time, sure. Mine does not have it. She does her, we do us over here. I'm glad it's that way.
Posted on 6/3/21 at 3:42 pm to andwesway
Hey dude, you asked for advice. Since you know everything then why are you here? I was just offering what I know about the divorce and custody experience. No wonder your wife cheated...
Posted on 6/3/21 at 3:43 pm to broadcast_storm
And you did read everything else.
Posted on 6/3/21 at 3:48 pm to andwesway
And why wouldn't you have that language in your custody agreement? This whole "we do us over here" BS will only burn you later. The whole point of custody agreements these days is to help the Dad. It helps control the environment for your kids so the mom won't go acting an idiot every time she finds a new dick. Protect yourself and your kids and have as much in the custody agreement as possible. If you don't want to enforce it then that's your choice.
Posted on 6/3/21 at 3:50 pm to cenlaconvertedsouth
Why in the hell should either of us have to notify the other 48 hours in advance in order to take a vacation on our designated time? How does that protect anything? Now, if one of us gets a wild hair and decides not to return, that's a different deal. No 48 hour notice is going to prevent that type of shite from happening. The whole point if an agreement is to settle whatever B.S. you had and from that point forward work together. Sorry you don't have that. I guess some don't and I'm lucky in a way.
Posted on 6/3/21 at 3:52 pm to USMEagles
quote:
Isn't this up to the judge?
Can't imagine it's spelled out in a law.
It is in TN. By statute, if a parent takes the kid out of state for more than 48 hours, they are required to inform the other parent. They don't need permission to do it during their own parenting time, but they have to provide the other parent with where they're going, how long they'll be there, and how to reach them whil they're there.
Moving to another state (or more than 50 miles away) is an entirely different ballgame.
This post was edited on 6/3/21 at 3:57 pm
Posted on 6/3/21 at 3:54 pm to broadcast_storm
quote:
Does my 12 year old have any say so?
No, minor children don't get to dictate whether or not custody orders are followed
Posted on 6/3/21 at 3:54 pm to cenlaconvertedsouth
There is no 48hours bullshite in my agreement. Only says that one parent is required to give adequate notice and all relevant contact info, geographic location, etc. And no, we have no domiciliary and we agreed to that and the judge signed off. So it's not REQUIRED.
This post was edited on 6/3/21 at 3:55 pm
Posted on 6/3/21 at 3:56 pm to andwesway
quote:
Why in the hell should either of us have to notify the other 48 hours in advance in order to take a vacation on our designated time? How does that protect anything?
So the other parent knows where their child is in case of an emergency. It's not unreasonable at all
Posted on 6/3/21 at 4:04 pm to broadcast_storm
No need to ask for permission. If the other spouse wants restrictions for any reason, he or she must ask the judge to impose them.
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