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Main Forums => Custody Issues => Topic started by: Spaceman1982 on Apr 29, 2012, 03:06:29 PM

Title: how long.....
Post by: Spaceman1982 on Apr 29, 2012, 03:06:29 PM
can you go without seeing your children before there are some legal issues at hand? My ex still hasnt seen the children since December, I let her have a phone call once a week til she filed a petition (back in January) which is spoty at best. No motion filed and still all the warrants etc. if you are familiar with whats is going on.
Title: Re: how long.....
Post by: Waylon on Apr 29, 2012, 04:44:34 PM
There's no cut and dried answer to this, but obviously the longer she goes without contact the worse it is for the children. Six months is a long time to go without any contact at all, and at some point a therapist may recommend that she go through a family reunification program or process (often involving supervised visitation) before she can resume full, normal contact with the children. Again, this depends on a number of variables.

I guess the real question is what you foresee as "legal issues"... a change in the parenting plan, a move from your current location, or...? And what was in the petition she filed?


can you go without seeing your children before there are some legal issues at hand? My ex still hasnt seen the children since December, I let her have a phone call once a week til she filed a petition (back in January) which is spoty at best. No motion filed and still all the warrants etc. if you are familiar with whats is going on.
Title: Re: how long.....
Post by: Spaceman1982 on Apr 29, 2012, 07:44:22 PM
oh horrible wording on my part Waylon.
since she got kicked out of the court supervised program for not registering in 30 days, which they have it documented when she attempted to go and register and that they told to her to get visitations reinstated she needed to file a petition(due to mass safety concerns she was ordered to supervised visitation).
She asked for a weekly phone call til she filed a petition....I obliged. She however has still NOT filed a response/petition. In December when I went judge gave me temporary sole for 90 days unless she ddnt file a response then it would be permanent. My att. at the time said we didnt need to file anything since its in the minutes as such.
 
my thoughts on legal issues arent on me....but her. Like what is she looking at being repricautions for not responding ot after a certain amount of time should i do anything?
Title: Re: how long.....
Post by: MixedBag on Apr 30, 2012, 06:58:32 AM
In Alabama, if there is no contact in a 6 month period....the CP can take further action.
 
In my personal divorce (WV), since it was long distance, my parenting time before I retired included 6 month stretches of not having time with my son.
 
Even in my first divorce, Dad received Summers and alternating Christmas'.  It was a fairly old divorce -- before the ones of "this newer generatation" like 1989....(Thanksgiving and Easter were not included back then and it was long distance)
 
See if you can find something in your state's code that talks about abandonment and time periods associated with that.