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Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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3 Years ago my ex husband moved out of the state of CO. He

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3 Years ago my ex husband moved out of the state of CO. He did not redo a parenting plan. He has not had the kids since he moved but this year I asked him to take them becuase I felt they need to get to know him. The CO parenting plan (which he has never followed) says he has them for 6 weeks. He was suppose to have the kids till July 4th but I had to have them come back for my fathers funeral. Now he is asking me to take the kids back to him for 5 days to finish out his 6 weeks. Can I tell him no (the kids done want to go) or am I required to take them back?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Is there anything mentioned in the parenting plan about situation that may effect his time with them? Also, if he did cooperate and allow the kids to go back, is there something that is preventing you from letting him finish his time with them? Do they have any other plans or things which this would cause a conflict with?
Customer: replied 3 years ago.

The Kids dont want to go back becasue they are still morning the loss of the grandfather. It is anXXXXXone way and he is not willing to meet me half way. One of the boys is in counceling and his councelor said that he need to be home dealing with the issue not running away. The main thing the parenting plan states is that we both live in CO and the boys pick up and drop off spot is at a school by where we both use to live (I still live by there he has moved to AZ)

Thank you for the additional information. An important thing to remember and advise him of, is that the court order is still going to control. While he is entitled to his parenting time, if the order states the pick up and drop off spot is at a school, then that is where it needs to happen. Of course, it is at your discretion to meet in the middle or at another locations but you are only obligated to comply with the court order. Moreover, you, as the mother, need to act in the best interest of the children. If they are still morning the loss of their grandfather and you also have a counselor saying one of the boys needs to be home at this time, you may have to resist sending them. In an ideal situation, you would still honor the 5 days, since he did send the children back and did not get his full time. This can always be at a later date. However, if you did not, he would need to go back to court and let the Judge decide. Seeing how he lives out of State and there could be issues with him moving and violating the order, he may not be inclined to do anything and may be willing to work with you, if you present him with a reasonable alternative.

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