Custodial's right to visitaiton during noncustodial time

[Kimberly9]

that issues about parenting time are to be worked out amongst the adults and that Dad and Mom will figure it out.  She doesn't need to worry about it.

Give her a hug and say that you are glad that she gets to spend the time with her, and then work on distracting her.

I am sorry that it is all so difficult.

[MixedBag]

You do understand that Priority Confirmed Delivery is a totally different service than Certified?????

Totally passive.....on the reciever's part.

[awakenlynn]

Advice I was given when a letter is received is to mail out the letter again(for us it was certified) and mail one out by regular mail.  If the certified is refused staple it with all the receipts, etc.  Get a copy of the receipt for the one mailed by regular mail(take a picture of you dropping the letter in the mail box at the post office-make sure you get the address in the picture.)  If you don't get the regular letter back, then notate that it was received(you can get a confirmation request from the post office.  All you do is call, it doesn't have to be signed for).  If it is sent back, then she would have had to write "return to sender" on it and it would show she had received it.

[Ref]

We survived the weekend. BM sent a letter to SD that got here right before the weekend started. It was a bunch of crap " I know how hard it is with your dad" and "I will make sure to call you soon to make sure you are OK". SD has been having a great summer, well, until she got that letter on Thursday. After that, she asked if she was going back for the weekend. DH told her that he tried to discuss these things with her mom and couldn't work things out, so she couldn't go. She was pissed for the rest of Thurs and the start of Friday. She said she felt helpless because she has no control over the situation. DH said that most of the time people don't have control over their lives. The only thing you have control over is how you react to it. After that, she was great. We had a lovely weekend. BM called first thing (after 10am her time is first thing) and talked to SD for a while.

Oh yeah, the reason BM is such a dummy. DH already told her that he was recording all messages. He recorded her admitting that she turned back the FedEx and not returning any phone calls. She told him that she was going to sue him and he said that it was great because it is easy enough to prove that she refused communications with him. She then hung up. She called back and left 2 messages on our answering machine saying that she doesn't need to communicate with him and again admitting to not answering voicemails and fedex. She said she hung up on him by accident and accused him of using SD as a pawn. She told him that SD doesn't want to see him once she is 18. She also threatened to sue him for contempt and "whatever else" she can get him on. On Saturday we received a return to sender slip from the last certified letter sent. Apparently she refused that too.

DH asked SD about the comment about her not wanting to see him after she is 18. She said she didn't say that and that BM "exaggerates a lot".

Anyway, that is the update. DH used the readnotify.com for a couple of emails so that he could exhaust the ways he could attempt to contact her. She never picked the emails up. I think she has blocked our email address because SD never gets our emails either. Maybe we will have to get a new hotmail account...

Thats the story. I hope it is over, but I don't think so.

Thanks for all of your help!!!
Ref

[flewwellin]

What I'd tell her is that she has to come to your city in PA and that she may have the kids from friday after 12 noon to sunday at 6 pm.  She doesn't get any special treatment unless stated in the sep /visitation agreement.  As for paying half of either hers or your SD's airfare...I'd tell her to stuff it.  Seriously!!  What is this woman thinking??  I'd tell her if she had a problem with it to go ahead and take you to court, but that you were going by the agreement drawn up.  No court will fault your husband for that.  Also if she does take you to court then have some things to modify yourself, I'd go for major holidays will be alternated and small holidays like MLK and 4th of july should be with the parent who has them at that time.  i.e. you husband 4th and her MLK.  

[4honor]

Most state courts in the US cannot find a person in contempt without clear and convincing evidence of the person's knowledge of the scope of the court order and willful (and wanton) disobedience of the order. If the order is vague and there is no precidence of how the parties INTENDED the order to be interpreted, then the moving party has to PROVE that the other party is in contempt...

So in your order, it says dad can have any visitation with 5 days notice and that it must be in BM's town. In the summer, the PCP (BM) can have visitation with the SAME stipulations as the dad. You interpret it to mean that Dad is limited by  having to give 5 days notice (and in the summer so does mom - which she did) and that the visiting parent needs to take the visitation in the custodial parent's town (Dad is custodial in the summer.) BM could not successfully gain a contempt order on Dad for not sending the child back for the 4th because he met the terms of the order as he interprets it. If she files for contempt, respond immeidately that you deny the allegations and explain how he met the terms of the order, how BM set the presidence etc., but use her filing fee for a jumping off point to CLARIFY the order, as  a modification at this stage could be very hard on your SD.