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wedding plans/custody time issue

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md5363

Junior Member
What is the name of your state? Az

I don't want to bore you with all of the background info but the bottom line is my ex and I do not have a good working parenting relationship (we have Joint custody and she is primary residential parent) and I am seeking additional time with our 11 year old son because he spends over 1/2 his time with her (his Mom, my ex), actually not with her but with her parents. I am supposed to have first right of refusal but its very ignored and they attempt to conceal it from me - anyhow I do have an attorney but could use some advice on a current issue about whether or not its worth pursuing legally.

I have every other weekend and every Tues with our son. Normally per plan I would have him weekend of May 10th but due to Mother's Day, he is with her from Fri-Mon that weekend. My fiancee (who also has two girls from previous relationship, therefore deals with parenting plan as well) and I are planning to wed. Neither of us wants a big wedding and really we want to do it (a wedding/event) for the kids and our parents, otherwise we'd probably just so to a courthouse. I have turned my life around and used to be a putz but really have looked myself hard in the mirror and have made tremendous changes for the better. We want the kids to experience the wedding and have a really great example of a loving relationship between two people who would do anything for each other....enough of that. Hopefully you get the idea. Unfortunately, my Dad's only time available is that weekend sue to the fact he's in Australia for 3 months and doesn't return until the 5th and then leaves for a summer vacation a week later. Then there's my fiancees work schedule (she works in law enforcement in a specialized unit) so she's not able to just "take time off" anytime without prior written approval and it has to be worked around other's vacations etc. Plus there's my work schedule, the other parents etc etc....you get the point. Also, the location we want to have it at is ONLY available that weekend or the weekend prior (when my Dad is not in town) until summer (which in Az is scalding HOT). So, knowing the ex has son for that weekend, I sent an email to her requesting time for 4 hours so son can come to ceremony (he's my best man, of course). No response. I sent it again asking for a response by Friday (2 days away). Still no response, which is NOT normal. I then sent a certified letter to her residence moving deadline back 4 days....so, the day comes and I get an email that says that her Dad is having a surprise birthday party and their son wants to attend that so he won't be available. I sent another stating that we could work around his party if she lets me know so that he can attend both events and she responded within minutes, "I already gave you my answer", therefore its just no. Apparently Mother's Day isn't an issue at all which is the reason she has him for the weekend. Obviously, I will not have the ceremony without my son. Two concerns - one is that is "appears" as though she's letting our son "decide" what is important for him to go to - oh by the way, he's been diagnosed with mild autism and is socially 4-5 years behind, so its like asking a 7-8 year old. Then, there's the issue of placing the importance of her parents above me constantly. I am very involved in my son's life, will continue to be but this is just the latest example of where she places my importance in our son's life. Its frustrating to say the least.

The question of the day - is it worth requesting a hearing in front of a judge or maybe there are other suggestions out there? Would a judge be willing to allow him to be with us even if just for an hour....we are willing to work around her schedule entirely and we know the party isn't a 24 hours party! Will a judge see that she is being vindictive? Do you see it that way or are my emotions controlling me?

Thanks so much.:mad:What is the name of your state?
 


2Mistakes

Senior Member
It was very difficult to read that middle wall of text, so excuse me if I am off base here.

Mom's Mother's Day visitation trumps your wedding. Period. So sorry that your mother's cousin's friend Bob can't make it, but too bad.

Just because she didn't mention Mother's Day when she gave you her answer doesn't mean jack. She can do whatever she wants with her Mother's Day visitation. She is choosing to go to a b-day party for her dad.

If it was just any old weekend and she was denying you a switch so that your son could participate in your wedding, I might feel differently. But this is MOTHER'S DAY, and she's their MOTHER. I think you were rude to even ask her to give that up.

Legally, I don't think you have a leg to stand on if you plan to try to take her to court so that you can get her Mother's Day visitation for your wedding. :rolleyes:

JMO
 

CJane

Senior Member
HOnestly, if it's THAT important to you for your son to be there, do it w/out your Dad and on YOUR weekend.

Your dad will get over it.
 

TinkerBelleLuvr

Senior Member
I have a feeling he is asking for the Saturday of Mother's Day weekend. I've attended weddings that are NOT on Saturdays. How about the prior Tuesday, Friday, whatever. Think outside the box.
 

CJane

Senior Member
I have a feeling he is asking for the Saturday of Mother's Day weekend. I've attended weddings that are NOT on Saturdays. How about the prior Tuesday, Friday, whatever. Think outside the box.
Man, I love a Friday evening wedding.

In Cabo.

With a margarita fountain.

But I digress...
 

stealth2

Under the Radar Member
Yeah, this really isn't rocket science. You have numerous options that don't require Mom's giving up her time. If you can't figure one of them out? You're still a putz.
 

2Mistakes

Senior Member
Yeah, this really isn't rocket science. You have numerous options that don't require Mom's giving up her time. If you can't figure one of them out? You're still a putz.
Oh, but didn't you read all his excuses, Stealth? The Saturday of Mom's Mother's Day visitation weekend is the ONLY day that Billy Bob Joe can come. :rolleyes:
 

Ohiogal

Queen Bee
Quite simply it is HER time and she is allowed to do what she wants on HER time. You really need to find a date not on her time.
 

CJane

Senior Member
There are just so many things that can be manipulated here that still allow Dad to have a wedding w/his kids there, and mom still gets her whole weekend for Mother's Day.

(though I think Dad should check the order and make sure she gets the whole weekend and not just the day)

1. Have a courthouse ceremony whenever, and then plan a vow exchange/reception when everyone can make it.
2. Have it on a weekday evening as Ginny suggested.
3. Ask your dad to reschedule HIS summer vacation by one week.
4. Change locations.

Your girlfriend not being able to get time off is not going to sway a judge.
Your Dad being out of country is not going to sway the judge.
The location having limited availability is not going to sway the judge.
Mom being a total bitch ALL OF THE TIME is not going to sway the judge.
What you will spend on attorney's fees/court costs will not be outweighed by having the EXACT wedding you want on the EXACT day you want at the EXACT location you want with the EXACT guest list you want.
 

TinkerBelleLuvr

Senior Member
Thanks for the replies. Honestly without cynicism is very appreciated but I get the point.
come on ... some of us suggested a friday wedding in Cabo with a margarita fountain. :D:D:D

Really, we do understand the scheduling problem. But the judge isn't going to order her to accommodate you when there are how many other dates to pick from. Better to save the money from NOT going to court for a better honeymoon.
 

md5363

Junior Member
Thanks Ginny J. Honestly, I do appreciate your suggestions primarily.

Its easier to be where you sit; reading replies posted by people who are personally involved in emotional circumstances....that's why we ask for a voice of reason. Our friends are going to tell us to fight, our attorney's want to cause they want to get $$....so isn't that what this post is all about? So, the logical and non-emotional response was what I was looking for and I got it....so, I do mean it. Thanks.
 

Zephyr

Senior Member
here's the thing bub- not only is it mom's time....it's MOTHER"S DAY WEEKEND

I like to think I am an accomodating sort, and I alsways make swaps happen when I can, but I would never allow time on MOTHERS DAY WEEKEND- that mom tribute time....nor would I ever ask for time on FATHERS DAY WEEKEND- that's dad tribute time....

reschedule


oh....lightbulb- with the money you save by not going to court- have a destination wedding (during your parenting time) in Australia that way your dad can be there
 
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