Need new visitation guidelines

[ziphash]

I'm in Ohio and my son lives in AL with his mother. When we divorced in Ohio, I was given regular visitation guidelines for visits with my son. When my ex moved to AL, the guidelines were not changed to long distance ones. The judge told us to leave them as they were or work it out ourselves. The ex would't work anything out with me. So the guidelines have stayed the same. Obviously, I can't get my son every other weekend. I do get him on my holidays.

My ex has just informed me that she plans on enrolling my son in preschool this coming year. He'll be there for one year, then go into kindergarten. She is also talking about starting him in t-ball and soccer next spring.

My question is what should long distance guidelines be for school age children? I'm afraid that once he starts preschool she will try to stop my visitation saying it will interfere with school. Also, what happens if she does put him in sports and his practices/games are during the times when I am supposed to have visitation? It's not that I don't want my son to be active in sports, but what little visitation I do get with him is extremely important to both of us and I am not going to allow her to try to stop my visitation by enrolling him in activities.

By the way, Ohio still has jurisdiction.

 

[amy1981]

i would go & talk to a lawyer or who ever made the court order & tell them that she won't let you see your son & tell them what you've wrote & that you would like to get a new court order for visitation.

 

[ktarra617]

I would refile for a new visitation order asking for atleast the majority of the summer. Hell if I were you why not ask for custody as she is continually not fostering your relationship with your son.

Of course as the child is a resident of Alabama you have to file down there. Or has Ohio refused to transfer jurisdiction?

Just out of curiosity have you ever considered moving to Alabama? not that I am telling you to do that. I am just curious.

At the very least I would talk to a new Lawyer in Ohio and one in Alabama.

Has Alabama refused to enforce the order from Ohio?

Sounds like you have a mess on your hands.

Good luck to you.

 

[ziphash]

Thanks for your advice. The reason I haven't filed for new visitation yet is because of two things: I have no money for an attorney and I'm afraid if I do file she'll try to have the child support raised again. Even though I'm barely able to pay the bills now, the cs probably would be raised because I have gotten a small raise. The magistrate refuses to take into account what I pay for health ins. and other things that are directly deducted from my pay.

Believe me, I'd also love to get custody of my son. My ex is a nut and doesn't deserve to be taking care of a dog let alone a child. The problem is that because of the distance between us I'd have to hire a P.I. to get anything on the ex. I'm flat broke.

I was hoping I could just find out what the visitation should be and try to reason with the ex about it.

The ex did try to get jurisdiction transferred to AL back in 2000. I fought it and Ohio refused to transfer jurisdiction. So far, we still have jurisdiction, but I don't know how long it will be before she can try to get it transferred again. Does anyone know that?

The reasons I have not moved to AL are because of my family. I have a daughter to my 1st wife who lives just 20 miles from here. So I get to see her regularly. Also, I am married and have 3 sons with my wife. Her family is here, too. I love my son, but I would be giving up my daughter to move. It's a no win situation.

 

[soniasaini]

In our case, the NCP lives in FL, and the CP in OH. We have the child 4 to 5 weeks in the summer and one week at Christmas. We could also have her for part of Spring Break, but it becomes too difficult for us. There is usually one trip to OH for a visit too. We try our best to work around her summer activities and obviously her school schedule at winter break. The standard order of visitation in Ohio gives you explicit general times for visitation. Work out the specifics with the ex in writing, 30 days in advance. Your visitation is the priority to any activity other than school.

We have kept the standard order without any modification for 10 years now. Be flexible, but know that your time is more important than soccer or t-ball. Try to fit your month in between those activities or volunteer to enroll your child in sports, if you so choose, during your month instead. Good luck.

 

[ktarra617]

I am so sorry to hear about your difficult situation.

I can tell you what the texas guidelines are for over 100 miles.

You can excersize EOW if you can afford it otherwise you can pick any one weekend of the month for your visit. Usually transportation is split unless the court orders the one who moved to pay all the costs.

You would get 45 days in the summer, Every other holiday like in standard possession order except you would get every spring break. You should automatically get father's day weekend regardless of the summer possession.

Ok now as to her planning things the activities she plans for your son cannot in any way interfere with your visitation schedule or she is in contempt. She cannot under any circumstances say that your son cannot come visit you because she has enrolled him in sports.

Now does ohio raise support for just anything? In Texas they can only go back raise cs every three years unless the difference is 100 or more a month in what the support would go up to.

I can see your situation is a no win situation. you have your daughter there and your son down south.

I have told you what Texas orders I don't know if Ohio does anything like that but I would guess that your ex would not like having your son be with you that long. Eventually you may not have a choice but to file for new visitation. It takes more money, sucks I know.

Does Ohio calculate based on gross pay or net pay?

Any chance of getting a new judge to look at the case?

Btw are you the same one I saw on Judge Judy?