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Change in the amount of summer time

Started by reagantrooper, Apr 07, 2005, 04:15:28 AM

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reagantrooper

My "final" stips from 97 gives me only 2 weeks in the summer I want to change that to 5 weeks or 1/2 the summer.

I tried to make an agreement with PBFH and she wont agree to anything. SAME OL SAME OL nothing new with her.

She just flat out refused to budge or discuss it and refered me to her lawrer. So I call him and get the same thing his words "we reject your offer".

So I will be filing a petition to modify.

I believe that it is "normal" for NCP to 1/2 the summer. Is this the case for the majority of you? Is there some stats I can point to?

My daughter is 11 soon to be 12 and has expressed a desire for more time. I dont think I would want her to go into court to say this. I just could not put that pressure on her.

I believe it is in the her best interest to have more time with me and her 1/2 / step siblings that live with me.

I have always had a strong relationship with my daughter and have NEVER missed a "visitation" as a matter of fact I hve had her for more than the 2 weeks for the last 7 summers always when it was to the benifit of the X. IE: she did not have a sitter ETC.

I have posted this with Soc he does not think that I have a strong case but I am still going ahead with this.

What do you guys think?


patton

What is the STANDARD summer visitation in your state?  I'd try to find that out.

Also taking the age of the child into consideration, I would think that would make a difference also to the amount of time.

Why did you only agree to two weeks to start with?

reagantrooper

"Why did you only agree to two weeks to start with?"

Good question no good answer. Bad legal advise, at the time I was by myself and only had 2 weeks vacation etc etc etc!

Bottom line is I regret a bunch of stuff that agreed to in my "final" stips. I have been back top court MANY times as a result.

It was quite a hole I dug myself into trying to be agreeable ended up getting walked over and to think I paid someone to help me do it.

If I could go back in time I would have a much more defeatest atitude.

wendl

My dh gets 1/2 the summer in his court orders,

my ex gets 1/2 the summer broke up in two week periods (his choice I would rather he just take 1/2 the summer all at once due to distance, but my ex doesn't know what to do with our 13yr old) But my ex in the court order doesn't get summers due to him not filing the agreed orders we signed together prior to me moving.

**These are my opinions, they are not legal advice**

prince13

My DH who is NCP gets from one week after school is out until two weeks prior to school starting, so he ends up with about 9-10 weeks depending on how the calendar plays out each year. This is based on SD standard visitation guidelines for when the parents are more than 200 miles apart. We are in two different states. He has three kids, daughter (14), son (12) and son (7).

However, in 2003, the ex took him back to court requesting that his summer time be reduced arguing the kids wanted to be with their friends during the summer months. They have friends here, too, but the ex didn't care about that.  It was reduced down to 4 weeks for his daughter who was 12 at the time, and the boys remained the same. The Judge did state that one of the reasons he thought it was ok to do this was because DH was seeing the kids EOW. And guess what, after that summer 2003 the ex stated denying visitation. DH didn't understand how a Judge could do this. Of course there were false allegations and the same old same old from the ex. She even put the daughter on the stand. Unbelieveable. However, daughter is now spending 5-6 weeks with DH during the summer per daughter's request.

Thanks to that dumb Judge reducing the daughter's time now the son who is 12 thinks he should get the same as sissy got when she was 12. The only bonus this time around is that the ex has no money to take DH back to court so I don't think anything will come of it.

Dh cherishes every minute he gets with those kids because he knows how quickly the courts could take it away even without a valid reason.

I hope this helps.