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  1. #1
    aap1965 is offline Junior Member
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    visitation in rehab

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

    My ex husband is in a rehab facility and I am the custodial parent do I have to bring the children to visit him while he is there?
    Do I have to bring my children to his Mothers house so that either she or his current girl friend can bring the kids for visitation?
    Neither his Mother or his girl friend are what I would consider appropriate or safe people for the girls to be with unsupervised.
    Thanks for any help I can get
  2. #2
    xylene is offline Senior Member
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    Was your husband in rehab / jail when the visitation order was drafted?

    If no, then you need to file for a change, as the circumstances have obviously changed.

    As for others right to visitation - what does the order say?
  3. #3
    aap1965 is offline Junior Member
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    he was not in rehab when the visitation was drafted and the visitation order does not incude anyone other than the two of us.
    He was ordered in to rehab after DUI number 14, yes I did say 14.
    He is in a 90 day program so he would probably be out by the time modification actually got before the judge.
    My instinct is that for the next 2 months I don't have to allow visitation but I am a geo-physicist not an attorney
  4. #4
    Ohiogal is offline Senior Member
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    Quote Originally Posted by aap1965 View Post
    What is the name of your state (only U.S. law)? Indiana

    My ex husband is in a rehab facility and I am the custodial parent do I have to bring the children to visit him while he is there?
    Do I have to bring my children to his Mothers house so that either she or his current girl friend can bring the kids for visitation?
    Neither his Mother or his girl friend are what I would consider appropriate or safe people for the girls to be with unsupervised.
    Thanks for any help I can get
    Visitation is not transferable. What exactly does it state regarding your ex husband visitation?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  5. #5
    aap1965 is offline Junior Member
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    He is allowed visitation every weekend and for 3 hours on wednesday nights he can't have the kids all weekend at the rehab so it would only be for a couple of hours or so and also the facility is quite a ways away from my residence so it isn't convenient for me to spend 4 or 5 hours to bring them out there
  6. #6
    waitinMd is offline Member
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    How old are the children? Many facilities have age restrictions.
  7. #7
    xylene is offline Senior Member
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    Are you required to bring the kids to him?

    If no, how is it not his problem he can't see the kids.
  8. #8
    Silverplum is offline Senior Member
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    Quote Originally Posted by xylene View Post
    Are you required to bring the kids to him?

    If no, how is it not his problem he can't see the kids.
    Xy, there are other options. OP even mentioned them in the first post.
  9. #9
    BL
    BL is offline Senior Member
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    First some rehabs restrict visitations during treatment .

    Others longer term , may allow visits on certain days and times .

    If you are NOT required to transport the children to see their father , then you couldn't be held in contempt for not bringing them there .

    However , if the father/children have a good relationship and the facility allows visits , and it's not a major inconvenience , you should at least take them for a few hrs . EOW or so .
  10. #10
    aap1965 is offline Junior Member
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    I don't have the original order in front of me, my house burned down a couple of months ago so until he went in to rehab we just went by the interpretation of the order.
    Indiana State guidelines state that he is to pick the kids up for visitation and I am to pick them up when the visit is over.
    Since he can't pick them up from me I'm not going to worry too much about it I am not stopping him from coming to pick the kids up, he is by being in a residential facility how about that?
  11. #11
    Ohiogal is offline Senior Member
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    Quote Originally Posted by aap1965 View Post
    I don't have the original order in front of me, my house burned down a couple of months ago so until he went in to rehab we just went by the interpretation of the order.
    Indiana State guidelines state that he is to pick the kids up for visitation and I am to pick them up when the visit is over.
    Since he can't pick them up from me I'm not going to worry too much about it I am not stopping him from coming to pick the kids up, he is by being in a residential facility how about that?
    He could possibly send his wife, mother or another responsible adult to pick up the children so that he could visit with the children. And you would have to let the children go. Or face contempt possibly. The WORDS of the ORIGINAL ORDER MATTER!
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  12. #12
    Silverplum is offline Senior Member
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    Quote Originally Posted by aap1965 View Post
    I don't have the original order in front of me, my house burned down a couple of months ago so until he went in to rehab we just went by the interpretation of the order.
    Indiana State guidelines state that he is to pick the kids up for visitation and I am to pick them up when the visit is over.
    Since he can't pick them up from me I'm not going to worry too much about it I am not stopping him from coming to pick the kids up, he is by being in a residential facility how about that?
    You are legally held to the actual orders. Not your interpretation, not whatever is "standard," in your opinion. The actual orders.

    You can get a new copy from the same courthouse that issued them.
  13. #13
    xylene is offline Senior Member
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    Bottom line...

    If he is in court ordered rehab, then you really need to get to court too.
  14. #14
    aap1965 is offline Junior Member
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    My next step will be to go to the courthouse after they re open from the ice storm and get a copy of the original decree. Hopefully tomorrow or Friday, I will re-post then.
  15. #15
    cmtx2 is offline Member
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    Question:

    If the divorce decree was done when he wasn't in rehab and he obviously can't go pick up the children himself, would OP have to take the children to him?

    Also, if the order designates someone else is able to pick up the children, would gma and gfriend be able to keep them on his visitation too?

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