"extended period of time" clause in decree. BM filed contempt citing violation
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Long story short: DH's decree states "if either parent is unavailable for an extended period of time, first option for caring for child goes to the other parent".
BM is taking DH back to court, indicating when DH is at work (and child is home with me), this is an "extended period of time". DH is LITERALLY out of the house for 4 hours every day working.
While I don't believe this will be a victory on her part when we go to court, I did pose this question to everyone to see if this same clause is in a decree you've seen/have? Was it clarified as SPECIFIC hours? What do ya'll think?
I think she's a whack job and
I think she's a whack job and any self respecting court will see this for the bullshit it is. Extended period to me means more than a day. Like someone is called out of town unexpectedly. Good luck with this. I'll be curious if the court stipulates the number of hours.
Why should the child while DH
Why should the child while DH is working for those 4 hours have to travel in a car and go to BM's just because she wants to be a bitch. The OP is married to the skid's father that makes her a stepmother and I hardly think 4 hours is an extended period of time. This is why these kids are so screwed up - if parents would start loving their kids more than they hate their exes the process would be so much easier - how is this better for the child to be shuttled back and forth. Quite frankly I hope the judge yells at her for wasting the court's time!!!!
BTW how the heck is the child supposed to feel comfortable with the new parent if every time the bio parent steps out of the picture for longer than a minute this BM thinks she can swoop in and take over - the OP's BM sounds completely nuts!!!
HRNYC - No it was not a
HRNYC - No it was not a wording issue when my SS came to live with us full time I was a new parent - I had never been a parent before and I was having to PARENT full time of the three "parents" in SS's life I was the one who took care of him the most - the one he said he trusted the most - disciplined the most and took care of him like my adopted parents who were not my real parents but in my eyes are my only parents took care of me - and please I will not answer after this response let's just agree to disagree - and if you read my blogs and responses I never have wording issues - what I write is EXACTLY what I MEAN!!!
I am not aware of any kind of
I am not aware of any kind of claus in my DH's orders, but the BM did try and stop BF from having more time with the skids. BM's arguement was that BF would be working and that I would be taking care of the skids.
The Judge didn't buy BM's crap and gave my DH 50/50 custody.
Going to court over that is
Going to court over that is crazy.
I would have never let it get to that point. If DF's ex made that request, I'd tell him to grant it. I have no desire to babysit for DF and his ex.
Our CO has ROFR and it is for
Our CO has ROFR and it is for 3 hours or more and they must go to the other parent if they want them. BM got admonished by the mediator for not letting DH have the kids and giving them to the Stepdad. It does happen.
That's a tough one! What
That's a tough one! What happens when BM really does not want to take care of the child and DH is gone for four hours?
Was it on DH's time or BM's time?
Personally I think it's wrong to use a child like a toy to be passed around. If you are willing to take care of the child for that short time then maybe the courts can take that into consideration? I don't know, worth a try? I actually got legal custody with DH of SD, Louisiana juvenile judge. SD was abandoned by BM and we gained custody.
==== Personally I think it's
==== Personally I think it's wrong to use a child like a toy to be passed around ===
Thank you very well spoken and you know that is what is happening and seriously what happens when the BM is sick of "sticking it to her ex" and no longer wants to take the child but now the SM might be busy - I always say careful what you ask for - most times you are going to get it whether you want it or not!!!!!