Mom left state

[meanyjack]

An attorney giving someone advice to violate the court order (not giving notice) because Mom FOLLOWED THE COURT ORDER and didn't take the child with her when she left town.

Seriously?!
Alrighty then.

 

[meanyjack]

I have been trying to contact her and have been unsuccesful.

I would suggest you keeping a detailed log of exactly when (dates & times) you attempted to contact Mom. If you can provide cell phone records (as long as your call made a connection, even if was to voice mail), all the better.

 

[Ronin]

Are there any default provisions in the summer visitation orders? It's hard to believe an order would be so open ended as to not allow any fallback provisions if the sixty day notice is not made.

The standard possession order in Texas requires the NCP to give 60 days notice of the dates they wish to exercise their six week summer possession. In the absence of timely notice, the default dates are June 15 to July 27.

 

[Ohiogal]

Are there any default provisions in the summer visitation orders? It's hard to believe an order would be so open ended as to not allow any fallback provisions if the sixty day notice is not made.

The standard possession order in Texas requires the NCP to give 60 days notice of the dates they wish to exercise their six week summer possession. In the absence of timely notice, the default dates are June 15 to July 27.

There is nothing in the orders about what happens if 60 days notice is not given but both parties are required to give it. The standard plan is not the best and needs a rewrite. However this court would expect the NCP to get his (or her as the case may be) time with the children.

 

[LdiJ]

This is not legal advice or a legal opinion...its just some food for thought.

The child is either going to be moving out of state with mom, or is going to end up in dad's custody.

That means that the grandparents are not going to see much of the child in the future, unless dad is generous with the child while the child is in his custody, in either scenario.

If the hearing is in the early part of July (rather than the later) it might be good spirited to allow the grandparents to have this time with the child...or to have a few weeks with the child.

Again, its just food for thought.

 

[Ohiogal]

This is not legal advice or a legal opinion...its just some food for thought.

The child is either going to be moving out of state with mom, or is going to end up in dad's custody.

That means that the grandparents are not going to see much of the child in the future, unless dad is generous with the child while the child is in his custody, in either scenario.

If the hearing is in the early part of July (rather than the later) it might be good spirited to allow the grandparents to have this time with the child...or to have a few weeks with the child.

Again, its just food for thought.

The grandparents have broken the law by denying dad his court ordered time with his child. And they should be GIFTED with time? They can see their grandchild on their daughter's time. Maybe if they were nice to dad they would see their grandchild on dad's time. Instead they engaged in custodial interference (a CRIME) by refusing to turn the child over for dad's Wednesday night COURT ORDERED VISITATION. Hence, quite frankly they do not deserve GIFTS. Dad is entitled to four weeks. Grandparents are entitled to be nice to dad if they want to see the child on dad's time. Dad owes the grandparents NOTHING.

 

[CJane]

This is not legal advice or a legal opinion...its just some food for thought.

The child is either going to be moving out of state with mom, or is going to end up in dad's custody.

That means that the grandparents are not going to see much of the child in the future, unless dad is generous with the child while the child is in his custody, in either scenario.

If the hearing is in the early part of July (rather than the later) it might be good spirited to allow the grandparents to have this time with the child...or to have a few weeks with the child.

Again, its just food for thought.

I think it's pretty clear that no one wants to hear what would be 'good spirited' or what might even be best for the kid for just a little while.

Topsy turvy is apparently the name of the game.

 

[CJane]

Seriously?!
Alrighty then.

I'm sorry, was my assessment incorrect?

 

[Ohiogal]

I think it's pretty clear that no one wants to hear what would be 'good spirited' or what might even be best for the kid for just a little while.

Topsy turvy is apparently the name of the game.

Why isn't being with DAD in the best interest of the child? Why is it okay for the grandparents to interfere with the COURT ORDER and commit a crime okay by denying dad his court ordered time? Best interest of the child? You haven't shown how being with the grandparents is in the child's best interest and you also haven't even begun to explain how being with dad is NOT in the child's best interest.

 

[CJane]

I'm confused...Why is it in the childs best interest to be with a legal stranger over a parent??? Could you please explain this to me??

Can YOU explain to ME how it's in the child's best interests for Dad to go over to Gramma and Grampa's with the police in tow to retrieve his child and keep her for 4 weeks?

Is he wanting to do that because it's BEST FOR THE CHILD? Or because it goes towards establishing status quo? Dad has REPEATEDLY ignored my question about whether it's best for the kid. I think that speaks volumes.

If I take my kids out to my mom's house to spend 3 weeks this summer. Is it best for my kids if their dad decides "Well, they're not with Mom, they're with Gramma" and he drives his butt out there and gets them from her?

Maybe that would be LEGALLY ok. But would it be what's best for the KIDS? Or the co-parenting relationship?

I think not.

Dad COULD wait til court in July. He COULD just let things lie for now since he got his ex parte and Mom followed it. I know that LEGALLY dad can do exactly as advised. But his kid will suffer for it, and that should matter.

 

[CJane]

Why isn't being with DAD in the best interest of the child? Why is it okay for the grandparents to interfere with the COURT ORDER and commit a crime okay by denying dad his court ordered time? Best interest of the child? You haven't shown how being with the grandparents is in the child's best interest and you also haven't even begun to explain how being with dad is NOT in the child's best interest.

ALL I EVER SAID IS THAT DAD SHOULD THINK ABOUT WHETHER THE ADVICE HE'S BEEN GIVEN IS IN HIS CHILD'S BEST INTERESTS.

I MADE NO JUDGMENT EITHER WAY.

I DON'T KNOW THESE PEOPLE AND FRANKLY DON'T CARE TO.

I JUST THINK IT WOULD BE REALLY NICE IF HE WOULD CONSIDER WHETHER THE ADVICE THAT WAS GIVEN WOULD SERVE HIS CHILD RATHER THAN HIS LEGAL CASE.

GAWD. You'd think I was asking him to give up a freaking kidney. I asked him to consider his CHILD. Not to actually LEAVE THE CHILD THERE, but to CONSIDER the child in making his decision.

But whatever. If that's too much to ask of him, fine.

I'm leavin on a jet plane.

 

[blackshadow]

Update

*******UPDATE*****


O.k. last week I posted that I didn't get to have my midweek visit. Well I left a message on mom's cell stating that if she did not contact me about interfering with my time I was gonna file contempt on her. She did call later that night and by saturday I had my daughter for a few hrs. mom said that I couldn't start my summer parenting time yet because she has plans now with daughter.

When I did get my daughter on saturday her step-grandma dropped her off and daughter told me right away without me asking that her mom was at a "DENTIST APPT". So I was alright with that but then this week rolls around and her staep grandma dropped off again and picked too. Daughter again said that mom was "SHOPPING". Which all this I do not beleive one bit.

Daughter told my neighbor friend that STEPDAD was pissed off at daughter because she didn't say anything to me about serving the Rrestraining order. She also stated that she was staying with her "STEP-GRANDMA" while mom was in north carolina setting up new home. My poor daughter has so many lies built up in her that she is ready to exploded. I totally understand why she won't tell me the truth because she fears her mom will be mad at her. It definitely isn't fair for her to feel this way.

So tonight I sent my ex a text message asking where my daughter was. She replied with "WHY" I stated that I had a legal right to know. When I text her it was kinda late but I figured if she was not a sleep then she would reply which she did. I left the texting alone for the night and figured I would call her tomorrow.

 

[Rushia]

*******UPDATE*****


O.k. last week I posted that I didn't get to have my midweek visit. Well I left a message on mom's cell stating that if she did not contact me about interfering with my time I was gonna file contempt on her. She did call later that night and by saturday I had my daughter for a few hrs. mom said that I couldn't start my summer parenting time yet because she has plans now with daughter.

When I did get my daughter on saturday her step-grandma dropped her off and daughter told me right away without me asking that her mom was at a "DENTIST APPT". So I was alright with that but then this week rolls around and her staep grandma dropped off again and picked too. Daughter again said that mom was "SHOPPING". Which all this I do not beleive one bit.

Daughter told my neighbor friend that STEPDAD was pissed off at daughter because she didn't say anything to me about serving the Rrestraining order. She also stated that she was staying with her "STEP-GRANDMA" while mom was in north carolina setting up new home. My poor daughter has so many lies built up in her that she is ready to exploded. I totally understand why she won't tell me the truth because she fears her mom will be mad at her. It definitely isn't fair for her to feel this way.

So tonight I sent my ex a text message asking where my daughter was. She replied with "WHY" I stated that I had a legal right to know. When I text her it was kinda late but I figured if she was not a sleep then she would reply which she did. I left the texting alone for the night and figured I would call her tomorrow.

You do realize that the step-grandparents have even less rights than a biological gp, right? You probably should have filed those charges that OG discussed before.

 

[LdiJ]

You do realize that the step-grandparents have even less rights than a biological gp, right? You probably should have filed those charges that OG discussed before.

I think that step grandma might be grandpa's wife.

 

[CJane]

So tonight I sent my ex a text message asking where my daughter was. She replied with "WHY" I stated that I had a legal right to know. When I text her it was kinda late but I figured if she was not a sleep then she would reply which she did. I left the texting alone for the night and figured I would call her tomorrow.

No. You don't. Not if it isn't your time.