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Author Topic: Do you bend over backwards to get extra time?  (Read 590 times)
Thunderstruck
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« on: March 28, 2013, 05:38:40 PM »

SO just called and said his uBPDx now wants him to pick up D8 tonight. She's only been allowing him EOW so an extra day is kind of a big deal (there is no CO so he only gets to see D8 at biomom's whim). But... . he has to work tomorrow.

So the options are:

1) I try to make up time and take some vacation to watch D8 tomorrow while SO works (or we could probably find someone to watch her for a couple hours while I finished work).

or

2) He drops D8 back off with biomom tomorrow morning and picks her back up tomorrow night

Which option would you choose?
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marbleloser
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« Reply #1 on: March 28, 2013, 09:10:48 PM »

Door number 2!  Smiling (click to insert in post)

Overnights are what count in custody,so he gets an extra overnight(documented of course). Taking custody of the child and then having someone else watch them doesn't look good ,if you can't watch her.If a parent is available,that should always be first choice.

"She's only been allowing him EOW "

He's a parent.With no custody order in place,he has as much right as she does to the child.Even the police won't get involved with custody disputes.Technically,he could keep D8,she sends police over,he doesn't hand her over,they leave.Nothing they can do.

He's got to get out of the mindset that he's second class because he's a dad.
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Thunderstruck
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« Reply #2 on: March 29, 2013, 08:15:00 AM »

Well it all blew up in our face last night anyway, as it always does when she offers "extra" time. She asked for money, he said I'm not paying, she said "If you don't give me money you can't see your daughter." (can't wait to show THAT one in court). Then she changed her mind again an hour later and started raging and even called and texted me (apparently Verizon blocks expire after 60 days, fyi).

I guess my hesitation with returning D8 back to her mom during the day is that her mom tends to rage on her (asking a zillion questions and yelling at her if she says anything nice about us and making her cry. Every. Time.) so I wouldn't want her to go through that twice in one weekend.

Overnights are what count in custody,so he gets an extra overnight(documented of course). Taking custody of the child and then having someone else watch them doesn't look good ,if you can't watch her.If a parent is available,that should always be first choice.

Ok that's what I was looking for, what would the court see as the best course of action. Thank you.

"She's only been allowing him EOW "

He's a parent.With no custody order in place,he has as much right as she does to the child.Even the police won't get involved with custody disputes.Technically,he could keep D8,she sends police over,he doesn't hand her over,they leave.Nothing they can do.

He's got to get out of the mindset that he's second class because he's a dad.

I guess I say that with a bit of vitriol. She has put him on the "Not allowed to pick up" list at after care. He can't leave work early enough to get D8 at school. So everything has to funnel through uBPDx. She likes having the control that way. So his options on exercising his parental right are limited. Right now all she is willing to give is EOW but if and only if he pays her.
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"Rudeness is the weak person's imitation of strength."

"The sun shines and warms and lights us and we have no curiosity to know why this is so. But we ask the reason of all evil, of pain, and hunger, and mosquitos and silly people." -Ralph Waldo Emerson
marbleloser
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« Reply #3 on: March 29, 2013, 10:47:09 AM »

You're welcome.

If there is no custody order or protection order,barring him from being with the child(not her),then  after school care can't keep him from getting the child.They'd be breaking the law for custodial interference and he could have them arrested if they block him.Until there is an order,signed by a judge,with a specific custody schedule,he has joint physical custody and can get her any time.His ex telling him otherwise doesn't count.

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david
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« Reply #4 on: March 30, 2013, 10:35:19 PM »

If you have an email or text about wanting money in exchange for the child make sure you have that documented. Print the email or text asap and make a few copies.

I only communicate through email for that reason. Ex has never asked for money but she does attack me on a regular basis. I never (it took me about a year to not react) reply to the attacks anymore and stay focused on the kids. This actually makes her emails more nasty but I ignore.

I have 40% overnights in our court order and that was a magic number in child support calculations.

I actually have the children more during awake times but that wasn't important to the attorneys or the judges ? When I learned that fact I began to realize how dysfunctional family court is.
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