Help!!! I have Two questions that Have been eating me.....

[starbud99]

What is the name of your state? Colorado

When the kids are on my parenting time and their mum (my ex) shows up to my house when i am not home (lets say Im at work) and My wife ( the kids step mum is home) can my ex wife take the kids away from my wife? Will the police allow her to take the kids

If the kids mom moves the kids out of state, which is allowed by the court papers, will the judge still enforce my parenting time papers for here in colorado?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Colorado

When the kids are on my parenting time and their mum (my ex) shows up to my house when i am not home (lets say Im at work) and My wife ( the kids step mum is home) can my ex wife take the kids away from my wife? Will the police allow her to take the kids

MY RESPONSE: There's no telling what the police might do. Police aren't attorneys or judges. So, depending on the officer, they might and might not. However, if this happens, you really need to take your ex back to court for interference with your custodial time. Since the children are on "your time", you're allowed to leave your children with any responsible adult of your choosing. When your ex take dominion of the children while on "your time", she's interfering with your rights. The court will stop her.


If the kids mom moves the kids out of state, which is allowed by the court papers, will the judge still enforce my parenting time papers for here in colorado?

MY RESPONSE: Yes. Since she'll be the move-away parent, she'll be the one paying for transportation for your parenting time; e.g. plane and ground transportation. The only thing that may change is the frequency of your parenting time; e.g., instead of, for example, every other weekend, it may go to all Summer and all of Spring Break, or some other configuration - - so that you're able to spend just as much time with them.

IAAL

 

[dallas702]

I had this happen a couple of times. Your best response, especially if you expect the police to intervene, is to have a copy of the court order handy. It should be the latest one defining the custody time, and be sure the judge's sig is on that last page. Other than that, tell your wife to slam the door in your ex's face --- hard.

Oh, yeah. She can tell her she's trespassing. Then slam the door --- hard!

 

[stealth2]

Does your order provide you and Mom to have first dibs on watching the kid when the other one can't? That could make a difference regarding what she can - and can't - do.

 

[starbud99]

no, we live over 200 miles apart, so when the kids are on their summer vacation with me, and I have to go to work, then I get to decide who I leave the kids with. She says she spoke to a police officer over where she lives and they told her that she can pick up the kids if I am not here.

 

[SingleMom67]

She says she spoke to a police officer over where she lives and they told her that she can pick up the kids if I am not here.

NOT!!!!!!! She's blowing smoke up your a$$.

 

[dallas702]

That's ridiculous! If your caregiver while you are at work is your wife she has no right to interfere. And, that is the operative word...interference. The police had no right to tell her that. If you were living a few miles away and had to put the kids in daycare, the court would look favorably on them staying with her instead. But this is very different. Your kids are in YOUR home. Tell your ex, unless she has some evidence of neglect or abuse, to stay away.

 

[starbud99]

try telling her that, she thinks that she is right about everything!

 

[dallas702]

Yeah....I've seen that one.

Try downloading the section on "interference" (IAAL can give you a better technical definition) from the CO statutes and send her a copy. Let her know that you will not stand for any attempts by her to interfere with your custody rights. Pound on that and cite the penalties. I had to do that once and it ended the argument. Just let her know you are serious, and that you will file any action necessary against her.

BTW: what exactly is her problem with this anyway? Does she have some irrational fear that you are doing the kids harm? Hmmmmm....maybe she needs an "evaluation" to determine her mental fitness. This paranoia surely can't be healthy for the children, if you know what I mean..

 

[shaggin]

Does your agreement have right of first refusal? If it does then your ex can take your kids even when it is your custody time. However, my attorney told me the judge probably would not allow envoking the right of first refusal if a family member was watching the child, but you never know depends on the judge.

 

[starbud99]

No, the agreement does not mention right of first refusal. Shes just being mean. She is trying to all sorts of things. She does not want my wife to attend any functions with the kids, and such, but the nice thing about that, is the last motion she tried to put through, was denied. The judge said that since my wife is not a party to this case, there is nothing that she can do, and the my ex wife should stop filiing frivious papers.

recently my mother in law went over seas and she thought it would be nice to send post cards to the girls, and when the girls mom (my ex wife) recieved the post cards, she ripped them up in front of the girls, and told the girls that the person who sent the cards to them was a bit@h. I couldnt believe it!!!

 

[stealth2]

recently my mother in law went over seas and she thought it would be nice to send post cards to the girls, and when the girls mom (my ex wife) recieved the post cards, she ripped them up in front of the girls, and told the girls that the person who sent the cards to them was a bit@h. I couldnt believe it!!!

LOL Believe it. Summer before last, I sent my kids a couple of books each via Amazon that I thought they'd like. While they were with their Dad. He told them that they didn't need anything that bitch (me) was sending them and did a return to sender. heheheh and I bet you've missed the sanitary pad incident. Face it - some ex's are just nutjobs.

 

[starbud99]

I guess, the funny thing is, my ex has never met my mother in law! Good thing though, my mother in law might kick her a$$ now that she knows the type of person my ex is. My mother in law is married to a vice-president of a cell phone company-- what I mean is--- shes high class, and well the ex... is not.... but we all know some people like that.