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I am in the middle of a divorce. We have shared residential…

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I am in the middle...
I am in the middle of a divorce. We have shared residential until we go to court, it is as 7 days with him, 7 days with me. It is to be his 7 day's right now (as of June 9th, 2010) but, he is fishing and the boy's are with me. With my consent their grandma (his Mom) had permission to take the boy's overnight to her home 5 mile's from me. When making these arrangement's she asked when she should bring them home. It would have been yesterday (June 11th) I stated to her that I was done with work at noon, so shortly after that. By 3pm yesterday I started calling their home and leaving a message until 7p when I asked my oldest son to call her cell phone (I don't have the number). He was able to only talk a few second's and the phone went out. She then called the house phone at 7:15p our time and let me know she had taken them out of state. She did not have my permission, or even inform me. It is not hard to call my work it's in the phone book and she knows where I work.
Submitted: 8 years ago.Category: Legal
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Answered in 4 minutes by:
6/12/2010
Lawyer: Tina, Lawyer replied 8 years ago
Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33,167
Experience: JD, BBA Over 25 years legal and business experience.
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Thank you for contacting JA.

 

Do you have a temporary order of custody indicating you rotate visitation every week? Do you know whether the father gave his mother permission to take the children out of state? Why did she take them out of state?

 

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Customer reply replied 8 years ago
Yes, we have an order of rotation for visitation. I do not know if she got permission from him, and she took them for fun!! The biggest problem with all of this: she did not tell me what she was doing. AT ALL!! He is gone, I am here with them.
Lawyer: Tina, Lawyer replied 8 years ago

She should have informed you that she was taking the children out of state, especially if the trip was for more than one day.

 

If the children are not being abused or neglected, there is little you can do right now except to refuse her visitation when the children are in your custody next time.

 

You can use this conduct in court to argue that the father and his family are not working with you in the best interests of the children since all interested parties should be doing so. This could help you obtain primary custody of the children ultimately.

 

The police will not intervene this weekend since the temporary order indicates that the father has visitation with the children and they are with his family.

 

 

Best regards XXXXX XXXXX

Tina

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