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ex wife wont agree to let me have kids for a 2nd weekend

Started by supertrucker35, Aug 04, 2007, 04:37:32 PM

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supertrucker35

i have a problem with my ex wife she wont agree to a 2nd weekend in the month to spend with my boys. We were divorced aug 31 2006 and the just specified that i have the third weekend and liberal visitation that ahs to be agreed upon by the both of us but sh e wont agree to any other weekend so i have been getting them 3 days a month. She has a daughter who is not mine but i put her in my court papers to maybe pick up 50% of the time, i explained to her that i would not allow her to come on the weekends but on holidays because i only get 3 days amonth with my boys.She told me this month that if i dont pick up all three i dont pick up none. Should i go to court to remove the daughter and just let my legal responsibility be for my sons which it is? The daughter is not mine but my ex wife gives me no time for my boys so therefore my focus is raising my boys.The daughter has no relationship with her father or his family and my ex is trying to force me to raise her. i would like to know should i go back to court to remove the daughter from my papers and when the third weekend comes could i get the police involved because she is not my biological child and she says if i dont pick her up my boys cant go. Wouldnt she be in violation of my court order for my third weekend? I need some input onthis because it been going on for a year now.

mistoffolees

The only thing that matters is what the court order says. If it says nothing about the other girl, then you have no obligation to take her. I'm confused, though. It sounds like your papers say that you will pick her up half the time. If that's the case, you are obligated to take her half the time and your wife could make a case that you are in contempt if you don't do it. That would be very strange, though. In general, the courts won't recognize that you have ANY obligation to support or visit a step-child. If yours says that you do, it would be odd- and you could probably have it removed.

You can insist on the visitation with your sons that the court order spells out. If she refuses, then you can file for contempt of court (having a police officer witness that she will not let you take the boys is probably a good idea. Bring a copy of the divorce decree).

If the boys are close to the girl, then you may be shooting yourself in the foot. While you have, in theory, more time with the boys if she's not there, they may actually get more out of the time you spend with her if ALL their sibs are there. IOW, you may be gaining more than you lose.

As for 'liberal visitation', forget it. It's a completely useless phrase and you can't insist on more than the time that's spelled out. In fact, courts should not be allowed to use the phrase at all in a divorce decree. If you want more time, then you'll need to go to court.