Christmas visit...

[AS58932]

What is the name of your state? Mississippi

My children and I moved to Ohio from Mississippi in June and we are now residents. My husband still lives in Mississippi and we are in the middle of getting divorced. I have been making arrangements with his parents for the children to visit (because he takes no initiative himself) and they have for the last two months. I had planned to take them this next week for another visit but am now questioning this as during Thanksgiving my husband called refusing to return them to me unless I signed the divorce papers as he had written them. I told him I was going to come and get my kids. He did end up meeting me but it was 3 days late. My in-laws are good people and shouldn't be punished nor should my children because of him. BUT I must also protect my children so I am not sure what to do here. My attorney already advised me I do not have to let the children go there at all until our divorce is final and visitation is established. I guess what I need to know is if he can take them and keep them since we are not divorced yet. If not, is there anything I can do...maybe have him or his parents write a notarized statement on what day they will be returned to me?

 

[BelizeBreeze]

You BOTH have the same rights to the children. However, any actions you take now to withhold them from their father won't be very positive to a judge when you end up in court.

And any notorized statement outside of the court is worthless as you can't contract away a constitutional right. You do not get special rights because you pop out a baby.

 

[AS58932]

I kind of figured about the statement...and I'm certainly not looking for special treatment. I am the one who has been arranging these visits. I have arranged for them to be in Mississippi for 2 weeks in Oct. and 1 week in Nov. My kids are the most important thing and I want them to see their dad and grandparents etc. as much as humanly possible. But I don't want him to run off with them to spite me obviously...he doesn't want the kids....just wants to hurt me. I'm just trying to do ANYTHING to let my kids spend Christmas w/ their whole family but protect them at the same time.

 

[BelizeBreeze]

I kind of figured about the statement...and I'm certainly not looking for special treatment. I am the one who has been arranging these visits. I have arranged for them to be in Mississippi for 2 weeks in Oct. and 1 week in Nov. My kids are the most important thing and I want them to see their dad and grandparents etc. as much as humanly possible. But I don't want him to run off with them to spite me obviously...he doesn't want the kids....just wants to hurt me. I'm just trying to do ANYTHING to let my kids spend Christmas w/ their whole family but protect them at the same time.

And who protected them from their mother moving them away from that family? You don't make much of a case here.

 

[AS58932]

Their family is also here. We all lived here until we relocated to MS temporarily and were all supposed to be moving back to OH. My husband has taken a job where he works overseas so he won't be physically in MS anyways....he just holds residency there. Until he leaves though...I have this problem.

 

[BelizeBreeze]

Their family is also here. We all lived here until we relocated to MS temporarily and were all supposed to be moving back to OH. My husband has taken a job where he works overseas so he won't be physically in MS anyways....he just holds residency there. Until he leaves though...I have this problem.

o.k. fair enough. WHERE was the divorce filed?

 

[AS58932]

He filed in MS 6 days before I got residency here....just so I couldn't file here. He already said he fully intends to drag this out as long as possible. I don't care how he wants to "punish" me...but dragging this out is hurting my kids if I can't send them there...hence trying to figure out a way to send them there but make sure I get them back on time.

 

[BelizeBreeze]

He filed in MS 6 days before I got residency here....just so I couldn't file here. He already said he fully intends to drag this out as long as possible. I don't care how he wants to "punish" me...but dragging this out is hurting my kids if I can't send them there...hence trying to figure out a way to send them there but make sure I get them back on time.

o.k. then when does he leave for overseas?

 

[AS58932]

He leaves in March but has to do some kind of training before that....he's not sure when that will be. I have of course invited them all to come here to see the children but with work schedules...I doubt it's possible.

 

[BelizeBreeze]

He leaves in March but has to do some kind of training before that....he's not sure when that will be. I have of course invited them all to come here to see the children but with work schedules...I doubt it's possible.

and how long had you been in Mississippi before he filed?

 

[AS58932]

over a year

 

[BelizeBreeze]

o.k. then you have two options.

1. answer his petition with an inconvenient forum response and a motion to dismiss.

2. file a petition for a temporary restraining order citing his threat to not return the children upon their visit, requiring supervised visitation in Ohio and his parents can supervise.

 

[AS58932]

Thank you very much for your help. I have contacted an attorney in MS but given the holidays I can't exactly get the answers I need right now. Happy Holidays.