Does she have the right ?

What is the name of your state? Ohio
My fiancee has shared parenting of his 2 yr old son. HE has him from Dec 7 To Jun 7, and the childs mother is supposed to have him the other six months. This is now July 5, and she has not showed up to pick up her son. She has called several times, and said she is coming on a certain day, then never shows up or even calls for weeks. She has also said that she wants to move 9 hrs away with him. Question is, does his father have to send him with her if she shows up eventually, or can he refuse until a court date is set to change custody?

[I AM ALWAYS LIABLE]

Originally posted by janjanjam
What is the name of your state? Ohio
My fiancee has shared parenting of his 2 yr old son. HE has him from Dec 7 To Jun 7, and the childs mother is supposed to have him the other six months. This is now July 5, and she has not showed up to pick up her son. She has called several times, and said she is coming on a certain day, then never shows up or even calls for weeks. She has also said that she wants to move 9 hrs away with him. Question is, does his father have to send him with her if she shows up eventually, or can he refuse until a court date is set to change custody?

My response:

Did you know that only stepparents ask stupid questions?

Because you married him, you're only going along for the ride. This is none of your business, so stay out of it.

IAAL

[JETX]

Oh crap!! Here we go again. IAAL is correct in his post.... step-parents have NO rights.
Now we are going to have to hear a lot of whining and moaning about how mean and insensitive this forum (and IAAL in particular ) is.

So, lets try to cut it off at the pass...... IAAL is correct, so accept it.

In response to your replies, I never said I had any rights as a step-parent ! My fiancee works 60-70 hours a week, and asked me to help him out. Not only that, just because I have no rights, doesn't mean that I don't have a heart and care about what happens to the child! I take care of the child the majority of the time, and have concern for the way his mother will take care of him. The woman doesn't work, doesn't give him his medication half the time, and obviously doesn't really give a crap, or she would have picked him up when she was supposed to, and for that matter, would at least get him on the weekends before her six months. I am just a concerned person asking for some simple advice, sorry you think I don't have any rights!

[tigger22472]

I will have to find the thread but the OP posted this question already once and I told her the same thing and what to do about it. She was warned about using WE and what not and that's why she changed her post to HE... When will people learn...and this is from a CP and a step-mom... Just makes me glad I don't have these problems with BM because I know where my place is and she and I get along with that understanding... UGH

[tigger22472]

Here is that post... nice job changing things after I responded... In the first post you didn't mention the childs age, the medical problems AND you changed the name of the post... since the original was DO WE HAVE TO LET HIM GO.

The orginal advice still stands.
[url]http://forum.freeadvice.com/showthread.php?s=&threadid=150267[/url]

[I AM ALWAYS LIABLE]

Originally posted by janjanjam
In response to your replies, I never said I had any rights as a step-parent ! My fiancee works 60-70 hours a week, and asked me to help him out. Not only that, just because I have no rights, doesn't mean that I don't have a heart and care about what happens to the child! I take care of the child the majority of the time, and have concern for the way his mother will take care of him. The woman doesn't work, doesn't give him his medication half the time, and obviously doesn't really give a crap, or she would have picked him up when she was supposed to, and for that matter, would at least get him on the weekends before her six months. I am just a concerned person asking for some simple advice, sorry you think I don't have any rights!

My response:

Oh, boy. Here comes the "woman emotional" crap.

Why do you think I told you that you're "only going for the ride"?

Being married to someone with a child gives you nothing. I don't care if you take care of the child, and I don't care what you think about the mother. It's none of your damn business. Your marriage doesn't give you a license to interfere, or do anything.

You want to "love" something?

Get a dog.

IAAL

[stealth2]

"My fiancee has shared parenting with his ex- wife. She was supposed to pick up their son on June 7 for 6 months, and has never shown up. She has called several times, and said she would be here on a certain day, and does not show up. The question is, since she is in violation of her court arranged custody agreement, do we have to send the child with her? She is also threatening to move out of state with him. The child is only 2, and has asthma, our concern is if she isn't responsible enough to come and pick him up on time, is she going to be respinsible enough to take care of him."

For better or worse, this is not Dad's decision to make - it is a judge's. If/when she shows up, Dad has no choice but to let her take the child unless he has a court order stating something different. His best bet is to go to court and try to have the agreement changed. Until then - he is required to abide by the original order.