need help asap

[0861jro]

What is the name of your state? Ohio

My daughter is 13 years old. I have custody of her according to my divorce papers but when I moved to Cincinnati, I allowed her to stay in Nebraska with her father since she didn't like the city. I have not seem my child in a year. i am going to Nebraska on June 17 and will be returning home on June 21. I bought Shelby a ticket to fly back here with me and spend a month. She doesn't want to come because all of her friends are in Nebraska and she says she will be bored. Her father told her it is her decision if she wants to go or not. He said he will not make her go and will not allow me to take her. I have already paid for the plane ticket and don't want to leave without her. Summer is the only time I have to spend with her. My questions are these.

What do I need to do to get an order for him let me have her?
Since he is refusing me to see my child, can I make him pay for the legal fees?
He is telling me to close my home up and spend the summer in NE if I want to see her. Will a judge make me do that?
What about her not seeing her half-sister the entire year too? That isn't healthy for their relationship?

Since he is refusing to let me have her for Christmas, spring break, and other holidays, will the judge possibly let me move her to Ohio since he is not promoting a healthy relationship with me? I really don't want her here all the time if she won't be happy. I just want her to spend the three months of the summer with me without the excuse of camps and friends.

Please help. I am running out of time.

 

[4kids4me]

You have sole custody? Does he have visitation? If summer isn't "his" time and you have sole custody you shouldn't need any order you should just be able to have her go with you even if neither of them like the idea**************I believe that is correct but make sure someone else answers as well.

 

[acmb05]

What is the name of your state? Ohio

My daughter is 13 years old. I have custody of her according to my divorce papers but when I moved to Cincinnati, I allowed her to stay in Nebraska with her father since she didn't like the city. I have not seem my child in a year. i am going to Nebraska on June 17 and will be returning home on June 21. I bought Shelby a ticket to fly back here with me and spend a month. She doesn't want to come because all of her friends are in Nebraska and she says she will be bored. Her father told her it is her decision if she wants to go or not. He said he will not make her go and will not allow me to take her. I have already paid for the plane ticket and don't want to leave without her. Summer is the only time I have to spend with her. My questions are these.

What do I need to do to get an order for him let me have her? You dont need anything, you have custody according to you.
Since he is refusing me to see my child, can I make him pay for the legal fees? He is not refusing you seeing her, he is not wanting you leave the state with her.
He is telling me to close my home up and spend the summer in NE if I want to see her. Will a judge make me do that? Probably not but they could do anything they feel is in the childs best interest.
What about her not seeing her half-sister the entire year too? That isn't healthy for their relationship? Maybe you should not have moved so far away then

Since he is refusing to let me have her for Christmas, spring break, and other holidays, will the judge possibly let me move her to Ohio since he is not promoting a healthy relationship with me? I really don't want her here all the time if she won't be happy. I just want her to spend the three months of the summer with me without the excuse of camps and friends. Then go back to court and give dad primary custody and you get visitation then if he refuses he will be in contempt.

Please help. I am running out of time.

Since you have custody one could only assume that dad has visitation. If these holidays are dads regularly scheduled visitation days then he does not have to let you have them.


Why would you let a then 12 year old dictate to you whether she was going with you or not in the first place?

 

[0861jro]

i had to move

I had to move to Ohio so my youngest daughter could get a bone marrow transplant. I had no other choice if I wanted her to live. Yes I have "complete custody and control" of Shlelby. I let her stay with her dad so she could go to school in NE where her friends are. She had lived there her whole life and I didn't want to make things any worse when she was scared her sister was going to die. He had her since June of last year and now I want to go get her for the summer so I can see her before the school year. She will be staying there for school again. The only time I want her here with me is in the summer so she can spend time with me and her sister. He told me he will not allow it. He said the decision is hers and she doesn't want to leave. If I go there he won't let me take her or make her go. I don't know what to do when I get there and he won't let me have her because she thinks she will be bored. Can he prevent me from taking her? What do I do if I go there and he won't let me have her?

 

[4kids4me]

You sitll didn't anwer if your ex has visitation rights and if so if the summer is "his" time if he doesn't and summer isn't you could try bringing your court order saying you have custody and ask the police to go with you to get her in case he tries to turn you away. But do you want to have your daughter see that?

 

[acmb05]

I had to move to Ohio so my youngest daughter could get a bone marrow transplant. I had no other choice if I wanted her to live. Yes I have "complete custody and control" of Shlelby. I let her stay with her dad so she could go to school in NE where her friends are. She had lived there her whole life and I didn't want to make things any worse when she was scared her sister was going to die. He had her since June of last year and now I want to go get her for the summer so I can see her before the school year. She will be staying there for school again. The only time I want her here with me is in the summer so she can spend time with me and her sister. He told me he will not allow it. He said the decision is hers and she doesn't want to leave. If I go there he won't let me take her or make her go. I don't know what to do when I get there and he won't let me have her because she thinks she will be bored. Can he prevent me from taking her? What do I do if I go there and he won't let me have her?

call the police. As long as it is not HIS sceduled visitation you can take her. However you better have her back for dads visitation time or you will be in contempt

 

[0861jro]

Since you have custody one could only assume that dad has visitation. If these holidays are dads regularly scheduled visitation days then he does not have to let you have them.


Why would you let a then 12 year old dictate to you whether she was going with you or not in the first place?

Yes I have custody but I let her stay with him in Nebraska for school since she spent her whole life there and all her friends are there. He had her all year and I want the summer. We swapped it around. He kept her for the school year and I was suppose to get her for the summer. We did this so she could be where her friends and family are. It was REALLY in her best interest. NOW, he isn't wanting to let me have her for the summer. What do I do when I go to get her and he won't let me take her?

 

[4kids4me]

ok one more time DOES HE HAVE VISITATION AND IS SUMMER HIS TIME? Custody and visitation are different you can have sole custody and he could still have visitation. SO DOES HE HAVE VISITATION READ YOUR COURT ORDER AND LET US KNOW SO WE CAN HELP YOU.

 

[0861jro]

call the police. As long as it is not HIS sceduled visitation you can take her. However you better have her back for dads visitation time or you will be in contempt

Dad keeps her during the school year now. We worked this out without going to court as we always got along very well. Now it is a war zone because he is letting her tell him what she is going to do. According to ur divorce decree this would be his summer visitation but he had her all school year. I have not seen this child since JUNE 05.

 

[4kids4me]

also do NOT tell us what you and he agreed upon that doesn't matter tell us what the COURT ORDER says.

 

[4kids4me]

sorry then he gets the girl during the summer sure you let her stay but that was your own thing court order didnt say he gets the summer if you decide to let him have her during the years. Its his summer and he doesn't need to let you do anything. That was your bad.

 

[0861jro]

Yes dad has visitation. If we went like the papers said it would be his time. i don't want her during the school year because I know she would be miserable here with changing schools. I just want one month with her. I regret ever making these arrangements so she could stay close to her family. I didn't know I would have to fight to get her to spend time with me. Any advice?

 

[0861jro]

So what do I have to do? Do I need to go to court to have it so I get the summers?

 

[ezmarelda]

Dad keeps her during the school year now. We worked this out without going to court as we always got along very well. Now it is a war zone because he is letting her tell him what she is going to do. According to ur divorce decree this would be his summer visitation but he had her all school year. I have not seen this child since JUNE 05.

if your C/O states the summer is his you are SOL
I would get back into court and modify your C/O ASAP

now you know why not doing things legaly the first time is not always such a good idea

 

[4kids4me]

Yep you sure do need to go back to court. But don't expect to get her this summer as courts take awhile.