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Messages - Johojo

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1
Visitation Issues / Re: Subtle Parenting Denial
« on: Aug 14, 2014, 08:09:35 AM »
Thanks for the advice.  I sent out the Notice to Exercise Parental Rights signature required. 

No, the distance doesn't allow for every other weekend, that's why it's written the way it is instead.  Luckily, our son isn't in school yet - he's only 4.  I am responsible for all travel except for holidays.

I wasn't the one who moved, x moved to another state and filed for custody.  Judge claimed jurisdiction even though he didn't have it. Long story short, I was disabled as a result of military service and x used it as a basis to file for emergency custody out of state. Emergency custody was denied because it was groundless, but jurisdiction was trapped under the rule that the judge can take jurisdiction in emergency matters.

But nothing to be done about that now.  We are currently in the process of a motion to change parenting time based on some neglect issues and others.  X is probably upset, though he does have a history of doing whatever he can get away with to keep me and our son apart. 

Oh well, rough ride.

2
Visitation Issues / Re: Subtle Parenting Denial
« on: Aug 12, 2014, 06:45:14 PM »
No, there is nothing in there that states how far in advance I need to notify him.  I don't have normal weekends because we live about 4 hours apart.

I do not have receipts - that is a good idea.  I do have email traffic about it though where he states "I will not allow you to pick him up."

The father decided to require 30 days notice while reserving the right to cancel at the last minute.

3
Visitation Issues / Re: Subtle Parenting Denial
« on: Aug 12, 2014, 02:05:25 PM »
"Each party hereto shall be free of any control or direction of the other party hereto of the date of this instrument...The parties shall be entitled to joint care, custody and control of their minor child...the Respondent (me) being entitled to the following parenting time: ...One extended weekend per month, not to exceed five days and shall not interfere with the child's school schedule."

The wording of the whole document essentially outlines the minimum time that I am entitled to, and does not protect or guarantee any specific time to him.  It seems as though because he has been designated the residential custodian that he feels entitled to make unilateral decisions on everything without my input - this being just one example.

This will be the fourth time he has done this.  I do have them documented, but I was thinking this time I should actually take the drive out there and maybe call the police to make a report if the Parenting time is refused.

A motion to clarify, huh?  Could possibly put that issue to bed, but he still argues with me about things that are explicitly stated, such as how much I should pay for medical expenses.   :-\

4
Visitation Issues / Subtle Parenting Denial
« on: Aug 12, 2014, 11:12:04 AM »
Our parenting time arrangement states joint custody and shared parenting.  I am ordered to have up to 5 days of discretionary parenting time each month in addition to all of the other parenting time outlined in the agreement.  The agreement further states that it is free of the direction and control of the other parent. 

I have always given 2-3 weeks notice, but the other parent seems to have "plans" of the non-descript sort, requires me to reschedule, and also denies the rescheduled time at the last minute claiming there wasn't enough notice given. 

My question is, who is supposed to have the final authority over when these discretionary parenting times are used?  The other parent seems to think that his agreement is required before I am able to exercise this time, although that is not stated anywhere. 

If I show up, the other parent and our son is nowhere to be found.  Last time, he even rented another car.

How can I enforce this time since there are no specific dates written in the agreement?  Is this frustration of or denial of visitation?  He claims I can always reschedule, but my life does not always afford that flexibility especially since we live in different states.

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