dboismama
New
Reged: 08/29/08
Posts: 2
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I share joint custody of my ds w/ his dad who has domiciliary custody and I get standard eo w/e, holidays, etc. Recently refiled for 50/50 custody. This Labor Day w/e is my w/e to have my son. He is off of school on Monday for the Labor Day holiday. My papers state that when he is off school for a holiday after my weekend of possession that I get to keep him until 6 pm the day before school resumes. The "day before school resumes" is exact wording. Here is my dilemma. We are facing a Hurricane which is set to hit Late Monday night (Tropical Storm force weather around Mon. morning). School is certain to be cancelled for Tuesday and probably Wednesday as well. Since school will not "resume" until later than previously scheduled do I have the right to keep my son. I am assuming "Yes". His father already does not allow me any extra time (Reason for filing) and even stated he would come get him in Hurricane force winds if I wouldn't let him come get him earlier. I am planning to evacuate to a safer place w/ my family by Sunday at the latest. I don't want to jeapordize my upcoming case, but I also think I should be allowed to take my son w/ me especially since his dad is willing to risk his safety by staying and even wanting to pick him up in bad weather. What should I do?
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ILMom
Gold
Reged: 12/03/07
Posts: 145
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It was officially set to resume the day after Labor Day. Technically I think your ex is correct and you are not allowed to keep your son later.
However I hope the two of you use some commonsense and do what is the safest for your son. Being transported in hurricane force winds doesn't sound very safe.
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twins1
Platinum
Reged: 06/26/08
Posts: 312
Loc: PA
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i agree with ilmom.
hope you and your family are safe!
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twinsmom
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Samsung
Platinum
Reged: 06/14/07
Posts: 2211
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The technicality of the decree should make no difference, no matter how it is interpreted. Safety is all that matters.
If you presented your arugument you gave here before a judge, you might have your visitation reduced to supervised only.
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Jada
Platinum
Reged: 06/02/07
Posts: 3466
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[quote]
If you presented your arugument you gave here before a judge, you might have your visitation reduced to supervised only. [/quote]
And if the father told the judge that he was going to pick the child up, even in hurricane force winds like he did to the mother, he might not only lose primary placement but be the one with the supervised visits.
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Samsung
Platinum
Reged: 06/14/07
Posts: 2211
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Absolutely. It's sad when children are put in the middle of a squabble that is actually between the parents.
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juliacinaz
Platinum
Reged: 02/03/08
Posts: 916
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[quote]Absolutely. It's sad when children are put in the middle of a squabble that is actually between the parents. [/quote]
Oh god knows that the children are almost always the cause of the squabbling! The pulling of the child back and forth is the worst part of the dang divorce!
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dboismama
New
Reged: 08/29/08
Posts: 2
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First of all, Thank you to all who replied. Spoke w/ son's dad earlier. He asked to come get him early and he would replace time later. From experience he has said this before and he never makes up the time to me. He wanted to come get him, but had no evacuation plan in place and told me he had not decided where or if they were evacuating. I expressed to him that our priority should be first and foremost our son and it should not matter who he is with as long as he is safe. He argued that he is the custodial parent...not true....we share joint legal custody w/ him designated as domiciliary (only right he has beyond me is to designate school. Our papers are very specific in wording) which I reminded him. Again reinforced that I was evacuating well out of the path of the storm and that our son would be safe and sound and out of harms way and that should be our concern no matter who he is with. We actually ended conversation cordially agreeing to keep in touch throughout. Urged him to call every hour if he wanted and stated we would discuss plans after storm passes is school will be out longer than a week. He was not happy and said we will talk about putting wording in our orders at court week after next regarding hurricanes, but we actually worked it out cordially for a change. Thank you again to all...and please pray for everyone in Louisiana. This is the "Mother of all Storms" and it is going to be worse than Katrina and Rita put together.
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