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Summertime parenting time and employment and another question about summertime.

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

I live in PA, my son's mother lives in OH. Custody was decided in Ohio, and it was determined that our son should live with me in PA. That happened in 2011. There were more children involved then, but two are now adults. The last involved child is 16 years old. Papers say that summertime visitation is every other week. Mom refuses to exercise visitation for periods of time less than 5 days in a row

2012 Summertime was 5 weeks there, 5 weeks here, agreed to by me as a peace offering. She didn't ask, I offered.
2013 Summertime was every other week as written in the standard order
2014, Summertime was every other week, with two instances where I had her drop our son off at my mothers for a week, about 3 miles away from her, then pick him back up.

2014 worked out so that his mom didn't have to incur transportation cost. It also worked out so our son could see his grandma. Things have changed since last year. Now our son has two different jobs, plus a 1 week YoungLife camp. One job is on the weekends at a paintball field, where he's a ref for parties that come in. He normally works 8 hour days, and works every weekend. His other job is a server as a restaurant. He's been employed by the first job since the end of summer 2014, and the second job since February of this year.

He has expressed to me and his mom that he has no desire to go to Ohio for visitations because it would cause issues with his employment and YoungLife camp. He's told his mom that since she doesn't come see him, he sees no point and ruining his jobs to come see her.

She threatened to take this to court so she can get 5 weeks in a row, even though she ignores Spring, Christmas, Thanksgiving, and other holidays and vacations from school. I told him I'd fight in which ever manner he wanted me to...and he doesn't want to go.

This all is happening on the tail of a child support adjustment. Her income has proven much, much higher than she led on, and CS has increased from $150 to $450 per month. During the adjustment hearing, she hinted to a future hearing for custody, because she wasn't interested in paying that amount of support.

IMHO, she's grasping at straws on the CS issue, and if custody is filed for, that she will not enjoy the outcome...there's a reason I was given custody after 9 years of her having the children.

However...how is employment factored in concerning summertime visitation? Will he have to go, or do the courts protect the child and allow employment during situations like this? It wouldn't be an issue if we lived nearby, but 265 miles apart creates this dilemma.

I appreciate any advice in advance....
 


Proserpina

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

I live in PA, my son's mother lives in OH. Custody was decided in Ohio, and it was determined that our son should live with me in PA. That happened in 2011. There were more children involved then, but two are now adults. The last involved child is 16 years old. Papers say that summertime visitation is every other week. Mom refuses to exercise visitation for periods of time less than 5 days in a row

2012 Summertime was 5 weeks there, 5 weeks here, agreed to by me as a peace offering. She didn't ask, I offered.
2013 Summertime was every other week as written in the standard order
2014, Summertime was every other week, with two instances where I had her drop our son off at my mothers for a week, about 3 miles away from her, then pick him back up.

2014 worked out so that his mom didn't have to incur transportation cost. It also worked out so our son could see his grandma. Things have changed since last year. Now our son has two different jobs, plus a 1 week YoungLife camp. One job is on the weekends at a paintball field, where he's a ref for parties that come in. He normally works 8 hour days, and works every weekend. His other job is a server as a restaurant. He's been employed by the first job since the end of summer 2014, and the second job since February of this year.

He has expressed to me and his mom that he has no desire to go to Ohio for visitations because it would cause issues with his employment and YoungLife camp. He's told his mom that since she doesn't come see him, he sees no point and ruining his jobs to come see her.

She threatened to take this to court so she can get 5 weeks in a row, even though she ignores Spring, Christmas, Thanksgiving, and other holidays and vacations from school. I told him I'd fight in which ever manner he wanted me to...and he doesn't want to go.

This all is happening on the tail of a child support adjustment. Her income has proven much, much higher than she led on, and CS has increased from $150 to $450 per month. During the adjustment hearing, she hinted to a future hearing for custody, because she wasn't interested in paying that amount of support.

IMHO, she's grasping at straws on the CS issue, and if custody is filed for, that she will not enjoy the outcome...there's a reason I was given custody after 9 years of her having the children.

However...how is employment factored in concerning summertime visitation? Will he have to go, or do the courts protect the child and allow employment during situations like this? It wouldn't be an issue if we lived nearby, but 265 miles apart creates this dilemma.

I appreciate any advice in advance....
Why exactly did you tell your son you'd fight in his corner no matter what? Perhaps the outcome would be Mom regaining custody, given that you're clearly not seeing the court order as an actual order that must be followed.
 
Why exactly did you tell your son you'd fight in his corner no matter what? Perhaps the outcome would be Mom regaining custody, given that you're clearly not seeing the court order as an actual order that must be followed.
I see your point! Go through this all the time with one of my kiddo's. BUT you are wrong to mention this to the child. I would recommend telling him that you respect his feelings and will try to find a resolution to the situation but do not promise anything. I hate situations such as these because I feel as of the kids are treated like sacks of potatoes and it is very hard on them. I do understand why legally this happens but I am a casa and a Social work major in my last year and I see a lot the fall out from these situations are never good. I so wish the child's feelings could be taken into account.

It's a little close to summer to be trying to work this out now....Can he request every other week off at his jobs? I would explore this and get an answer before court to that can be presented. I know my son worked to save for college and lived an hour away and I always felt that I should accommodate him as he was working for his future and that was a very good thing I just asked him when he had weekend time to make time for us and we actually got a lot at a local camp ground for the summer so he could stay there with us and work. It was a win win and a lot of fun family time. So I agree he needs to be allowed to work but he needs to spend time with him mom too I understand how he feels but family is family and we all have to do things we don't want to sometimes so just not to see her would be wrong but to ask for flexibility would be reasonable IMO. You can present these things in court as well like saving for college and show a bank statement to reflect his savings ect.
 

Ohiogal

Queen Bee
She has a right to exercise visitation as she sees fit in Ohio. Your son has no right to dictate visitation or choose whether he attends.
 
Why exactly did you tell your son you'd fight in his corner no matter what? Perhaps the outcome would be Mom regaining custody, given that you're clearly not seeing the court order as an actual order that must be followed.
If you're going to claim I said something, get it right, please. I stated "I told him I'd fight in which ever manner he wanted me to...and he doesn't want to go" That means that if he wants to fight, I'll provide an attorney and wouldn't give up without a fight.

Mom won't gain custody due to years of documented verbal abuse and two counts of physical abuse to the older two children when she did have custody. I've paid for years of therapy for them, and both have stated that they would fight their mother ever regaining custody of their younger brother. Children's Services is well known in this case as well. I fought 9 hard years for them, and have more than enough documentation to prove my point. Hence, the reason I gained custody.
 
She has a right to exercise visitation as she sees fit in Ohio. Your son has no right to dictate visitation or choose whether he attends.
I appreciate your comments. We've discussed this case in the past when I needed assistance.

Is employment not looked at as extracurricular in Ohio? It was in 2009 when their mother had custody and I fought to gain time with them when I worked and lived in Utah. My oldest daughter had a job, and the courts stated that I would need to find a way to get her to and from work during my visitation...even though I lived on the other side of the Mississippi. Needless to say, she stayed in Ohio while the younger two came out with me for 5 weeks. The papers state that those are important. The exact working is "Regardless of where the children are living, their continued participation in extracurricular activities, school related or otherwise, should not be interrupted. It shall be the responsibility of the parent with whom the children are residing with at the time to discuss the scheduling of such activities with the children and to provide transportation to the activities. Each parent shall provide the other parent with notice of all extracurricular activities, complete with schedules and the name, address and telephone number of the activity leader, if available "

In other words...since he's got two jobs, plus other local activities, she would be responsible for getting him to them. That's fine...but she can't. She's already called one employer and demanded that they give him 5 weeks in a row off, or only schedule him every other week. That was embarrassing to him.
 

GrandmaOH

Member
Am I the only one with a lawyer who says the courts will not enforce a visitation order in Ohio, in our county? She says they absolutely will do NOTHING to enforce it!
 

Proserpina

Senior Member
If you're going to claim I said something, get it right, please. I stated "I told him I'd fight in which ever manner he wanted me to...and he doesn't want to go" That means that if he wants to fight, I'll provide an attorney and wouldn't give up without a fight.

Mom won't gain custody due to years of documented verbal abuse and two counts of physical abuse to the older two children when she did have custody. I've paid for years of therapy for them, and both have stated that they would fight their mother ever regaining custody of their younger brother. Children's Services is well known in this case as well. I fought 9 hard years for them, and have more than enough documentation to prove my point. Hence, the reason I gained custody.
And yet she still enjoys unsupervised visitation involving entire weeks in the summer. Still think Mom can't get custody? Carry on then.
 

Proserpina

Senior Member
I see your point! Go through this all the time with one of my kiddo's. BUT you are wrong to mention this to the child. I would recommend telling him that you respect his feelings and will try to find a resolution to the situation but do not promise anything. I hate situations such as these because I feel as of the kids are treated like sacks of potatoes and it is very hard on them. I do understand why legally this happens but I am a casa and a Social work major in my last year and I see a lot the fall out from these situations are never good. I so wish the child's feelings could be taken into account.

It's a little close to summer to be trying to work this out now....Can he request every other week off at his jobs? I would explore this and get an answer before court to that can be presented. I know my son worked to save for college and lived an hour away and I always felt that I should accommodate him as he was working for his future and that was a very good thing I just asked him when he had weekend time to make time for us and we actually got a lot at a local camp ground for the summer so he could stay there with us and work. It was a win win and a lot of fun family time. So I agree he needs to be allowed to work but he needs to spend time with him mom too I understand how he feels but family is family and we all have to do things we don't want to sometimes so just not to see her would be wrong but to ask for flexibility would be reasonable IMO. You can present these things in court as well like saving for college and show a bank statement to reflect his savings ect.
I'm sorry, what? Did you misquote or something?
 

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