Mother violated on weekend/wed visitation during summer visitation by nrp

[Viktorya]

What is the name of your state? OHIO

Please help!!!!

I am the custodial parent of a 3 yr old son. I have been given customer by the courts and my soon to be ex husband has been given Trumbull county standard companionship. As part of these Trumbull County regulations, I get our son 6 weeks during the summer visitation and my husband gets our son 6 weeks during the summer with the switch taking place on 7/15/05. I had our son the 1st 6 weeks and allowed his father to take him every Wednesday and every other weekend for his time. My husband came to pick our son up yesterday for his weekend and informed me to have our son ready by 6p.m. on Thursday since that is 7/15, I told him that Friday NOT Thursday is the 15th and that is my weekend with our son. He than proceeds to tell me that I can't have him because he is going out of town so I can't have him for Vacation. A few factors to take into consideration is that he had just started a new job so I can not imagine a new employer giving him a week off a week after he started, the second issue is that he can not afford to pay child support but he can afford to take a vacation. The last factor is that we have an intervention between our two lawyers on 7/14 and he rescheduled the time from 11:00 a.m. to 4:00 p.m. because he stated to his lawyer that he had to work so if he's working how could he be out of town. He is deliberately keeping our son from me during my visitation. Is there anything in the law guidelines that state that he has to give me notice so far in advance or provide some sort of proof that he is out of town or is the law that vague that I have to take him at his word even though I know he's lyeing? He's given me absolutely no information as to where he's going, from when to when or how long he'll be gone and conveniently scheduled the vacation on my visitation.

Trumbull County Standard Companionship rules are very vague. They state the following;"Each parent will have one-half of the summer vacation period. If the child is NOT on vacation out of the area then the parent who does not have the child for the period will have the alternating weekend schedule and every Wednesday companionship provided in parapraph number 9. The summer vacation will be in two periods, with the parties alternating the periods from one year to the other. The first period will begine the first Sunday after school is out at 6 p.m. and will end July 15th at 9 a.m. The second period will begine July 15th at 9 a.m. and end the last Friday of the summer vacation before school begins at 6 p.m.

 

[stealth2]

Summer visitation supercedes weekend visitation. Although it would help if you typed exactly what your order states.

 

[LdiJ]

Summer visitation supercedes weekend visitation. Although it would help if you typed exactly what your order states.

Didn't she do that? It looks like the every other weekend and Wednesday visits apply unless they are out of town on vacation. Although I don't know what she can do if dad claims to be going out of town when he isn't.

 

[stealth2]

Didn't she do that? It looks like the every other weekend and Wednesday visits apply unless they are out of town on vacation. Although I don't know what she can do if dad claims to be going out of town when he isn't.

She edited it in - as the edit information clearly states.

 

[LdiJ]

She edited it in - as the edit information clearly states.

Duh...slapping head....

 

[Viktorya]

That's the probem, he is using out of town excuse as the reason why I can not see my son even though during the entire 6 weeks that I had our son I allowed him to visit with our son every Wednesday and every other weekend. I guess my question is since I know for a fact that he's lying what proof does he have to provide by law that what he is saying is true and how much notice in advance does he have to give me above and beyond the information that he's suppose to pride such as where, when, how long which off course he has not given me.

 

[stealth2]

Actually, I think YOU have to prove that he's lying.

 

[LdiJ]

That's the probem, he is using out of town excuse as the reason why I can not see my son even though during the entire 6 weeks that I had our son I allowed him to visit with our son every Wednesday and every other weekend. I guess my question is since I know for a fact that he's lying what proof does he have to provide by law that what he is saying is true and how much notice in advance does he have to give me above and beyond the information that he's suppose to pride such as where, when, how long which off course he has not given me.

You have something scheduled on the 14th....you called it an "intervention" and I am not sure what you meant by that.....but that is probably the time/place to address these issues.

 

[Viktorya]

Basically what it is, is when both parents can not agree than the lawyers intervene on our behalf to try and get us to agree in order to get the divorce proceedings to speed up. The child support, visitation and custody has already been astablished. The next phase in the divorce is the marital assets and since my husband is not in agreement to anything his lawyer and mine are going to try and help in the desition making process so that when we have our next court hearing which is scheduled 8/8/05 than if the lawyers get us to agree the divorce becomes final right than and there with out having to drag it out any farther. Unfortunately my soon to be ex husband hasn't exactly been playing by the rules. What I mean by that is, he's taken our son out of pre-school w/o my permission during a day that was NOT his visitation day. He kept trying to follow the wrong county's visitation even though he's signed and court approved an we reside in Trumbull county he kept trying to follow Mahoning county. He's tried to keep out son for 2 weeks without bringing him home, he's not paying child support, he's damaged our riding mower by kicking it just so I could not use it to cut the grass, called me names in front of our son that I choose not to repeat, refused to use a car seat or a seat belt until my lawyer threatened to file a motion against him for endangering a child, etc, etc, etc. I have a few names for him but I'm not allowed to say them. He's angry because I asked for the divorce. I had no other option since he would not quit drinking and kept committing adultry plus I've had the police remove him from our home due to domestic violence (Verbally and physically abusive) I finally stood up for myself and desided not to take it anymore. It was not only hurting my by our son also. Our son did not need to see this and possibly become the same thinking if daddy can do this, it must be okay to do.