Winter recess parenting time

Ashanti - posted on 12/17/2014 ( 18 moms have responded )

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I share custody of my daughter with her father. My daughter's father and I have adopted the Wayne County Co-parenting holiday schedule because he was trying to not let me get my daughter at a resonable time on holidays that she was at his home. Friday is when her school recesses for winter break and on the schedule it says the mother is suppose to have the child during even years when school recesses for winter break. Her dad is always trying to be difficult! This is suppose to be his weekend but the holiday schedule supersede's regular parenting time. Her dad is trying to say that recess does not texhnically began until Monday because they do not have school that day. My argument is that Monday is when the winter recess is in progress but not when it begins. I have also called her school for clarification(they agreed with me)and tried calling the Friend of the court but was not able reach anyone. i am so tired of constantly going to court and nothing is really being done about him violating our court orders! I have paid thousands of dollars to attorneys and still the same issues exist. I have tried talking to him but he is a complete a#%! Any suggestion??

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Ev - posted on 12/17/2014

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Might I also add that when my ex and i got divorced and had custody and such set up we were told that the visitation (for our state) was a schedule suggested and could be modified by us if we deemed it necessary. We have done that in the past when things have come up for family gatherings (extended ones) or for emergencies or deaths in the family. We have also done the thing of taking the kids on weekends that were supposed to be the other parents' time because of hard circumstances (ie...his second divorce). But when his current wife came into the picture she tried to tell us how we should do the visitation rosters. It was not her choice. It irked me to no end. So as of the last time she said or did anything about that I said that we would just follow the roster. I was tired of the bull she gave me over my visitation time and his visitation times with the kids. I think she finally got the message and does not interfere anymore like she used to. But you have to stick to your guns so to speak to keep things as they are.

Ev - posted on 12/17/2014

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Even still he needs to be reminded to look at his set of the orders once again by your attorney.

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Ashanti - posted on 12/17/2014

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My lawyer told me tell him i will be getting her on the scheduled date and to call my local law enforcement to be present during this time. It is very unfortunate that i have to continuously go through this with him! Thank you all for your feedback. I just wanted to vent and be heard. It felt great to get this off of my chest:)

Ev - posted on 12/17/2014

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Then is you have it spelled out do as Jodi says to do. He would be in contempt of court.

Jodi - posted on 12/17/2014

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It's ok, I read it wrong. If it is specific in the orders, have your lawyers send him a letter to spell it out. If he doesn't comply, file contempt.

Ashanti - posted on 12/17/2014

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I will not have her for the whole break. I will have her when school recesses until Dec 24th @ 9pm. He is supposed to get her on Dec 24th @ 9pm and keep her until Dec 31st @ 6pm. Then my time will resume again until the sunday before she goes back to school @ 6pm. He wants me to get her on Monday December 22nd and then he picks her back up Dec 24th and keep her until Dec 31st

Michelle - posted on 12/17/2014

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I'm with Evelyn, Really if you are having her for the whole break then why can't he see her for the weekend?
I've been doing shared care for almost 10 years and there does need to be some flexibility sometimes.
Yes I know you have court orders in place but just keep in mind that if you want to have her because of a certain event that is his weekend he can deny it. Think of your daughter, not just the court orders and being pedantic about what day the break starts.

Ashanti - posted on 12/17/2014

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I have sent him a total of five messages since yesterday regarding this issue and he still refuses to cooperate, hopefully by Friday we are on the same page, but if not I will have no other choice but to get law enforcement involved

Ashanti - posted on 12/17/2014

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Hi Jodi, yes it does state even years for me and odd years for him. We have to communicate on a court ordered website and he has the schedule but is trying to say that recess starts on Monday, because that the day on my daughter's school calendar as winter break being in progress. I have told him recess begins on her last day of school (like the order states but he likes to be difficult. My attorney told me to go to my local authorities with my order if he does not comply.

Jodi - posted on 12/17/2014

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Show him a copy of the schedule, which states that "Winter Break parenting time shall be from 6PM on the day school is recessed until 6PM the day before school is scheduled to resume."

https://www.3rdcc.org/Documents/FamilyDomestic/FOC/Links/Wayne%20County%20Co-Parenting%20Plan.pdf

Does your agreement specifically say even years are yours?

Ashanti - posted on 12/17/2014

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Thanks Michelle, i plan on calling in the morning if I don't receive a response today.

Michelle - posted on 12/17/2014

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If s/he doesn't respond, call him/her for a response, then follow it. Really, it sounds like the legal way would be the only way for this to be cleared up.

Good luck!

Ashanti - posted on 12/17/2014

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I sent the last lawyer I retained an e-mail this morning but haven't received anything back from her yet.

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