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recent events and question about custody order when one parent gets full custody

emma5678's picture

Recent events:

BM has been here for a few days. This past weekend, after over a day of no communication between my SO and BM/the kids, he received a text from a new number saying that she changed her number. No prior warning or communication telling him that she was getting a new number/she will text/call right after it is activated. She then "told" my SO that she was staying here for 3 weeks, and informed him she was taking them to a wedding on the 22nd. She didn't ask, she told. She also said that she was doing that because he didn't have childcare set up, and didn't like that I watched them the past few weeks. My SO has an emergency custody order giving him full physical and legal custody, so he doesn't even have to let her see them at all.

The original plan was she was supposed to have them this week and my SO picking them up friday, taking them back friday night, and then picking them up saturday; and then the week of the 17th. No times were set before hand, so he was trying to text her old phone number (right before she texted from the new number) telling her when he was picking them up on friday and then saturday so that she had almost a week to plan ahead so that she would be at the meeting place at the specified times. If she is not there at the specified times, or she tries to stop my SO from taking them, he will have to call the cops and then not let her see them at all anymore. If she does allow him to take them with no issues, then he will probably let her keep them the week of the 10th instead of the 17th.

Another issue going on at this same time is she is trying to schedule a doctors appointment for testing on the younger son, and seems to be making up excuses every time my SO when and where it is scheduled for (since SO has full legal custody, she shouldn't really be making any appointments behind his back, but I don't know if there is even a way for him to stop her right now.. they are on her insurance) Her excuse a couple weeks ago was "i forgot, I need to look for the paper I wrote it down on" and then this past weekend was "i haven't made it yet, I will let you know after I call to schedule it" i wouldn't be surprised if she made it for one of these weeks and is trying to take son without my SO knowing so he can't show up/take son from her and take son himself.

Question about Custody order when one parent gets full custody:

If one parent gets full custody, can the NCP try to get in the court order that the CP can't leave the state, or can't leave the kids with someone out of state without the CP also being there?

To clarify.. my SO wants to take the kids to his parents in a different state and leave the kids there while he comes back here and works (we are talking a 4-5 week period, not just a couple days. They are also states away. Could BM try to have it in the custody order that he is not allowed to do that anymore?

some background:

At the mediation session with the social worker, the social worker stated that the kids should not be with BM in her state, one of the reasons being that if something happened, SO would be too far away to easily be able to get to them. (but SW also stated that if BM were to move back here, it wouldn't change anything/wouldn't give BM more time with the kids) This is only talk, and wasn't agreed upon, so it will most likely go to trial. BM has physical issues and some mental issues (which is why the issue of SO not being able to get there quickly came up).

SO's parents have some medical issues (different) but no mental issues, but they also participate in an illegal activity daily.. BM knows this and might try to bring it up in court... "why can't I (BM) take them, but SO can give them to his parents, when they do "illegal activity" all the time"... "well if I can't have them, I don't want them alone with HIS parents either"...

So is it even possible? with the medical issues and illegal activity, could the custody order state that he can not leave the kids with his parents even though he gets full custody?

Comments

Acratopotes's picture

I have no knowledge of your laws, but with us... SO having full custody, he can do what ever he wants, and if she can not demand things.... neither can she take them to the vet }:) unless it's an emergency like a fall or cut or what ever..

twoviewpoints's picture

Why would you want to dump two kids off on grandparents who have medical issues and do "illegal activities"? If you're referring , perhaps, to smoking pot for their medical issues, but weed for medical reasons isn't legal in the grandparents state, it might be one thing. However if you're indicating these grandparents grow and sell pot illegally or rob banks in their spare time you're talking a whole other rodeo.

You sent thee children for most of the summer to the grandparents last summer. Not sure what them going there this year is any worse nor better than last year when it comes to medical issues and illegal activities. You don't want to babysit them , you don't want their mother who you say has physical and mental issues to have them (even when she is staying in your state), but you're good with medical issues and illegal activities.

Why not just make arrangements for actual paid childcare right there with them living in Dad's home with them going to daycare having fun and being busy during the days then spending the evening in their own home where they actually live and Da is currently fighting for them to be and remain? What's happening now is Dad either choosing between two different homes, both states away with family members neither of which should probably be having them; or being the big boy he is and taking the responsibility of parenting and caretaking of his own two children which he demands he has full custody of and within his easy reach.

emma5678's picture

He uses the reason of the kids get to do fun things and play in the pond and have open yard to run around. In. Why he thinks they wouldn't have fun staying here and going to a day care idk. I agree the best place is here.

SourGrapes's picture

Uh, I'm going to an explanation of "illegal activities" to comment on this one. I'm perplexed that the options for these kids are mental AND physical issues or physical issue AND illegal activities. How about they stay with dad, who I am assuming, has no physical limitations, isn't a criminal, and doesn't have mental health problems?

emma5678's picture

He has an autoimmune disease that no way affects his ability to care for the 2 kids.. he is on treatment that works for him, just requires treatment every 6 weeks.

WalkOnBy's picture

the bottom line is that HE has full physical and legal custody. He can do, or not do, whatever HE wants. I wouldn't let this woman anywhere near the kids, but that's just me.

emma5678's picture

I am not saying she has any say NOW... I was asking if she brought it up in court when it actually goes to trial if it could affect the custody between the two of them/if it will be included that dad cannot leave them with grandparents. Kind of how some custody agreements say that the non-custodial parent cannot leave the state with kids unless custodial parent agrees... but kind of the opposite... neither parent can leave kids with other relatives for long periods of time.... or the court may decide that leaving kids in dads care during the summer isn't the best thing for them if he is going to ship them off to grandparents each year, when they could be with BM instead... lesser of 2 evils...

Tuff Noogies's picture

if he has full custody legally and physically, she has no say whatsoever in where they go or who they stay with.

emma5678's picture

I am not saying she has any say NOW... I was asking if she brought it up in court when it actually goes to trial if it could affect the custody between the two of them/if it will be included that dad cannot leave them with grandparents. Kind of how some custody agreements say that the non-custodial parent cannot leave the state with kids unless custodial parent agrees... but only in reverse.