What is the name of your state (only U.S. law)? MS
My ex-wife has not has not seen our children since July 4th. She has called them twice in that 3 month period.
She had the kids for 6 weeks, which ended July 4th. I got them back that day. I asked her when she wanted to resume EOW, and she said that I could have them for 6 weeks, and then we would go back to her getting them EOW.
That would have been August 15th. Starting the week before August 15th, I have emailed her every other week to see if she was going to get the kids. Her response has been, "no" or "I can't" every time. Last month, when I asked her, she replied that she will not be able to get the kids for an unknown period of time, and not to plan on her getting them again until she lets me know.
**REMINDER** The court ordered visitation is that she gets them every summer for 6 weeks, every other Christmas, and every other Spring Break. There is no EOW visitation in the order because she lived too far away when the order was made. Since she moved closer in Nov. 2007, we have been doing EOW.
My parents asked me yesterday if they could take the kids to a Halloween party on October 25th. Using the tools I've learned here, I did not tell the kids about the party, and I told my parents, "That's supposed to be (EX'S) weekend. Let me see what her plans are."
So, I emailed the ex last night to see if she is getting the kids that weekend. Her response was, "I already told you not to plan on me getting them every other weekend until I let you know. Would you please stop bugging me every other week about this. I'll let you know when I can get them. Don't email me about it again."
Alrighty then! I'm just trying to facilitate a relationship here, but ok. Whatever.
The last part of her email also said, "I also won't be getting them this Christmas. I'll just get them next Christmas."
And that's what brings up my question.
I had them last Christmas. She is supposed to have them this Christmas. So I would have them next Christmas.
Can she just swap this Christmas for next Christmas? Or does she forfeit this Christmas, and next Christmas is still my Christmas?
I'm probably going to get blasted here, but I'll tell you why I'm asking. My kids have a step-sister, and while I know she is a legal stranger to them, the kids all think of each other as siblings. They are VERY close. When the schedule with my ex went into effect, my wife swapped Christmases out with her ex-husband so that her daughter would be here on the same Christmases that my kids are here. I would like to keep it that way.
My step-daughter's father went 2 Christmases in a row without her to accomodate my wife's request to swap, and I am not having my wife ask him to do it again. He's an awesome guy, and he has already bent over backwards for us to accomodate changes in MY order with my ex-wife. He has swapped weekends with us when my ex was unwilling to swap, etc. He's the best. He really is.
So, how do I handle this? I want all 4 of the kids with us on the same Christmases, because without all 4 kids, the family really isn't complete.
My ex-wife has not has not seen our children since July 4th. She has called them twice in that 3 month period.
She had the kids for 6 weeks, which ended July 4th. I got them back that day. I asked her when she wanted to resume EOW, and she said that I could have them for 6 weeks, and then we would go back to her getting them EOW.
That would have been August 15th. Starting the week before August 15th, I have emailed her every other week to see if she was going to get the kids. Her response has been, "no" or "I can't" every time. Last month, when I asked her, she replied that she will not be able to get the kids for an unknown period of time, and not to plan on her getting them again until she lets me know.
**REMINDER** The court ordered visitation is that she gets them every summer for 6 weeks, every other Christmas, and every other Spring Break. There is no EOW visitation in the order because she lived too far away when the order was made. Since she moved closer in Nov. 2007, we have been doing EOW.
My parents asked me yesterday if they could take the kids to a Halloween party on October 25th. Using the tools I've learned here, I did not tell the kids about the party, and I told my parents, "That's supposed to be (EX'S) weekend. Let me see what her plans are."
So, I emailed the ex last night to see if she is getting the kids that weekend. Her response was, "I already told you not to plan on me getting them every other weekend until I let you know. Would you please stop bugging me every other week about this. I'll let you know when I can get them. Don't email me about it again."
Alrighty then! I'm just trying to facilitate a relationship here, but ok. Whatever.
The last part of her email also said, "I also won't be getting them this Christmas. I'll just get them next Christmas."
And that's what brings up my question.
I had them last Christmas. She is supposed to have them this Christmas. So I would have them next Christmas.
Can she just swap this Christmas for next Christmas? Or does she forfeit this Christmas, and next Christmas is still my Christmas?
I'm probably going to get blasted here, but I'll tell you why I'm asking. My kids have a step-sister, and while I know she is a legal stranger to them, the kids all think of each other as siblings. They are VERY close. When the schedule with my ex went into effect, my wife swapped Christmases out with her ex-husband so that her daughter would be here on the same Christmases that my kids are here. I would like to keep it that way.
My step-daughter's father went 2 Christmases in a row without her to accomodate my wife's request to swap, and I am not having my wife ask him to do it again. He's an awesome guy, and he has already bent over backwards for us to accomodate changes in MY order with my ex-wife. He has swapped weekends with us when my ex was unwilling to swap, etc. He's the best. He really is.
So, how do I handle this? I want all 4 of the kids with us on the same Christmases, because without all 4 kids, the family really isn't complete.