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Can she do this?

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lvierra2

Member
My children's mother and I share physical and legal custody.

I have orders that state, "Upon relocation of mother to Florida, children shall resude with father in Hawaii during the school year and with mother in Florida during school breaks."

The children's mother recently moved back to Hawaii and she is now saying that our old visitation orders are in effect. Can she do that?

I was told that the most current order with statement I quoted changed our visitation. Am I right?
 


LdiJ

Senior Member
My children's mother and I share physical and legal custody.

I have orders that state, "Upon relocation of mother to Florida, children shall resude with father in Hawaii during the school year and with mother in Florida during school breaks."

The children's mother recently moved back to Hawaii and she is now saying that our old visitation orders are in effect. Can she do that?

I was told that the most current order with statement I quoted changed our visitation. Am I right?
While you are correct that the current orders are still in effect, if you try to say she can only see the children on a long distance schedule, once she takes you to court the judge will likely rip you a new one.

Who was the parent with primary physical custody before she moved? You can expect to retain primary custody but she will easily get regular, local style parenting time.
 

lvierra2

Member
While you are correct that the current orders are still in effect, if you try to say she can only see the children on a long distance schedule, once she takes you to court the judge will likely rip you a new one.

Who was the parent with primary physical custody before she moved? You can expect to retain primary custody but she will easily get regular, local style parenting time.
Thank you for your reply and answer.

I always shared physical and legal custody with my children's mother. There was never a change to primary custody.

I have already filed for a motion to change the visitation schedule and I have proposed to her a visitation schedule that she does not agree with.

I am trying to keep my children in one home while they are in school (Monday through Friday). The children would go to their mother Frday after school, during school breaks and holidays and the children will return to my home at a reasonable time prior to the start of school and on Sunday's unless there is a holiday or break from school the next day.

Because the children's mother will not agree to the schedule proposed schedule, I have been trying to enforce the current orders and just implement the proposed schedule.

Am I okay calling police to enforce the orders that in place?
 

Zigner

Senior Member, Non-Attorney
The police will advise that this is a civil matter.

I don't feel that it's appropriate the mom not get the kids during the school week. I wouldn't agree with your plan either.
 

lvierra2

Member
I understand. Thank you for your input.

The situation is that one of my children is special needs. Although both my children have made great improvements in their academic pursuits over the 3 years that they have been living with me, my special needs child is the reason for me wanting them in one home during school time.

This is why I have already filed for a an amendment to visitation.
 

LdiJ

Senior Member
I understand. Thank you for your input.

The situation is that one of my children is special needs. Although both my children have made great improvements in their academic pursuits over the 3 years that they have been living with me, my special needs child is the reason for me wanting them in one home during school time.

This is why I have already filed for a an amendment to visitation.
Your odds of keeping mom from having any weekday visitation are very slim. I would not count on prevailing in court.
 

Ohiogal

Queen Bee
I understand. Thank you for your input.

The situation is that one of my children is special needs. Although both my children have made great improvements in their academic pursuits over the 3 years that they have been living with me, my special needs child is the reason for me wanting them in one home during school time.

This is why I have already filed for a an amendment to visitation.
What type of special needs? Mother should see the children ONCE a week minimum. So incorporate ONE evening a week if mom is LOCAL -- not on a different island -- and then every other weekend. Of course if you are offering EVERY weekend, Mother is being ridiculous in not accepting that.
 

lvierra2

Member
My son is high functioning autistic, speech delayed, dyslexic and possibly has other issues. I am receiving test results this month with more exact diagnoses.

I have been having my youngest on a very regular schedule when it comes to his scho work. I most recently sent a very lengthy and detailed letter to his mother about what she should be going over with him during the past winter break and she did not do anything I asked. Ny son came home last night and he had forgotten a lot of what he was taught. This is a small example of why I would want the children in my care while school is in session.

She is local and close by.

I am offering to her every weekend and holiday plus majority of time during all seasonal school breaks.
 

Zigner

Senior Member, Non-Attorney
Is mom ABLE to have visitation with the kids every weekend? Does she have things that might conflict? Like work, etc.?
 

lvierra2

Member
Mother does not work and is able to spend weekends and holidays with our two children. She is a home maker and married to a military person. She has one child with the stepfather to my two kids.
 

Ohiogal

Queen Bee
Is mom ABLE to have visitation with the kids every weekend? Does she have things that might conflict? Like work, etc.?
And I would ask OP, what do you have during the week that conflicts with your school time (other than the children's school)?
 

Zigner

Senior Member, Non-Attorney
My son is high functioning autistic, speech delayed, dyslexic and possibly has other issues. I am receiving test results this month with more exact diagnoses.

I have been having my youngest on a very regular schedule when it comes to his scho work. I most recently sent a very lengthy and detailed letter to his mother about what she should be going over with him during the past winter break and she did not do anything I asked. Ny son came home last night and he had forgotten a lot of what he was taught. This is a small example of why I would want the children in my care while school is in session.

She is local and close by.

I am offering to her every weekend and holiday plus majority of time during all seasonal school breaks.
Why shouldn't the kids get to spend some weekends with you?
Why do you feel the kids shouldn't spend holidays with you?
 

lvierra2

Member
And I would ask OP, what do you have during the week that conflicts with your school time (other than the children's school)?
I have a full time job and work from midnight to noon 7 days out of 2 weeks. For the past 3 years I have been able to work and support and care for my two children. My parents, one of which is retired, help out by taking the kids to school when I have to work. I always am able to pick them up and get everything done for and with them.
 

lvierra2

Member
Why shouldn't the kids get to spend some weekends with you?
Why do you feel the kids shouldn't spend holidays with you?
I am asking for Sunday afternoons and a week or two during summer.

I want the children to see their mother and spend quality time with her. I dont mind changing plans to celebrate holidays like Easter, Christmas, New years. I also dont mind celebrating birthdays with the children on a later date. I want to maximize the time that the children are with their mother, half-brother and stepfather.

I also want to be sure that the children will continue to maintain and succeed in their educational journeys.
 

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