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Separated couple - child visitation issue

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CommaDelimited

Junior Member
Mom is in MN with child. Husband is in MI.

We are (not legally) separated. Husband would like to take child back to MI for a vacation period. I am asking he sign an informal notarized document that states: He is taking child to MI for vacation from X date to Y date and returning him to MN.

He states it is illegal for married people to request/require such a document and refuses to sign. Is it? I say unless he does sign, there is no visit.

Now he says he'll file kidnapping charges against me. Can he?

I started moving in July, brought child back and forth to MN several times and child came back permanently with me in August. Husband helped load three trailer full of goods and said bye to us when we left. At that time our separation was "mutual" and the arrangement wasn't a problem.

We're both unemployed so filing for divorce is out of the question at this time.
 
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TheGeekess

Keeper of the Kraken
COuld you please share what the issue might be? We are not mind readers. ;)
OP probably previewed the post which made it disappear. It's been noted many times across the forum, and I've posted about it in the Tech Issues section. Of course, you can tell how much attention that got. :cool:
 

Proserpina

Senior Member
Mom is in MN with child. Husband is in MI.

We are (not legally) separated. Husband would like to take child back to MI for a vacation period. I am asking he sign an informal notarized document that states: He is taking child to MI for vacation from X date to Y date and returning him to MN.

He states it is illegal for married people to request/require such a document and refuses to sign. Is it? I say unless he does sign, there is no visit.

Now he says he'll file kidnapping charges against me. Can he?

I started moving in July, brought child back and forth to MN several times and child came back permanently with me in August. Husband helped load three trailer full of goods and said bye to us when we left. At that time our separation was "mutual" and the arrangement wasn't a problem.

We're both unemployed so filing for divorce is out of the question at this time.


What makes you think you can dictate to Dad the terms of visitation?

You have EQUAL rights to the child.
 

latigo

Senior Member
Mom is in MN with child. Husband is in MI.

We are (not legally) separated. Husband would like to take child back to MI for a vacation period. I am asking he sign an informal notarized document that states: He is taking child to MI for vacation from X date to Y date and returning him to MN.

He states it is illegal for married people to request/require such a document and refuses to sign. Is it? I say unless he does sign, there is no visit.

Now he says he'll file kidnapping charges against me. Can he?

I started moving in July, brought child back and forth to MN several times and child came back permanently with me in August. Husband helped load three trailer full of goods and said bye to us when we left. At that time our separation was "mutual" and the arrangement wasn't a problem.

We're both unemployed so filing for divorce is out of the question at this time.
Please note that unless there is in effect an order of custody placement issued by a competent court having jurisdiction over the child, EACH PARENT HAS EQUAL AND INDEPENDENT RIGHTS TO THE CUSTODY OF THEIR MINOR CHILDREN!

So you can trash your meaningless "informal notarized statement".

Isn't it about time that you two grew up! Geesh!
 

CommaDelimited

Junior Member
What makes you think you can dictate to Dad the terms of visitation?

You have EQUAL rights to the child.

I don't have a problem with the visitation at all, it's the fact he won't sign a simple agreement to return him to me on a specific date.

That's the question by the way - what the forum is for - is it illegal for me to request a document of that nature of a spouse?
 

CommaDelimited

Junior Member
Please note that unless there is in effect an order of custody placement issued by a competent court having jurisdiction over the child, EACH PARENT HAS EQUAL AND INDEPENDENT RIGHTS TO THE CUSTODY OF THEIR MINOR CHILDREN!

So you can trash your meaningless "informal notarized statement".

Isn't it about time that you two grew up! Geesh!
Thanks for your expert opinion, I guess.
 

Proserpina

Senior Member
I don't have a problem with the visitation at all, it's the fact he won't sign a simple agreement to return him to me on a specific date.

That's the question by the way - what the forum is for - is it illegal for me to request a document of that nature of a spouse?

It's not illegal for you to make the request.

It's not illegal for Dad to laugh and refuse. It's also not illegal for him to agree, and then rip up the document (given that it's not legally binding to begin with).

You need to tread very carefully here, Mom. Withholding the child (even without a court order in place) because Dad won't agree to your terms (again, why would your wishes supersede his?), is not going to endear you to family court.
 

stealth2

Under the Radar Member
I don't have a problem with the visitation at all, it's the fact he won't sign a simple agreement to return him to me on a specific date.

That's the question by the way - what the forum is for - is it illegal for me to request a document of that nature of a spouse?
It's not illegal. But Dad is in no way bound by your requirements, either. He is free to take his child back to MI. And keep him there.
 

Ohiogal

Queen Bee
Mom is in MN with child. Husband is in MI.

We are (not legally) separated. Husband would like to take child back to MI for a vacation period. I am asking he sign an informal notarized document that states: He is taking child to MI for vacation from X date to Y date and returning him to MN.

He states it is illegal for married people to request/require such a document and refuses to sign. Is it? I say unless he does sign, there is no visit.

Now he says he'll file kidnapping charges against me. Can he?

I started moving in July, brought child back and forth to MN several times and child came back permanently with me in August. Husband helped load three trailer full of goods and said bye to us when we left. At that time our separation was "mutual" and the arrangement wasn't a problem.

We're both unemployed so filing for divorce is out of the question at this time.
Dad has just as much right to his child as you do. Him signing that piece of paper matters not. Nice that neither of you people will put your child first and turn this into a control issue.
 

latigo

Senior Member
I don't have a problem with the visitation at all, it's the fact he won't sign a simple agreement to return him to me on a specific date.

That's the question by the way - what the forum is for - is it illegal for me to request a document of that nature of a spouse?
Please stop misusing the word "visitation"! It doesn’t correctly describe either yours or his separate times with the child.

If you wish to play with semantics, common sense might tell you that the word “legal” infers that your a proposed document would be "legally" binding on dad. Since it would not – for everyone's peace of mind - let’s call the request, “illegal”!

Sorry for your disappointment with the forum. Perhaps next time you can dictate the proper answers.
 

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