Legal Question

[justinsmama]

I have legal custody of Justin, and he, of course, resides with me. His father (Terry) has visitation rights. Terry wants to take Justin and his baby sister (8 years old) to Florida for a week this summer, and go to Disney for at least one day, and other sight seeing places. Terry is an idiot when it comes to caring properly for children. He denies and minimizes the dangers in today's world for our children. I do not want Justin to go. I am very afraid of what could happen to him. Terry does have the legal right to have X # weeks with Justin in the summer (though it has always been too "inconvenient" for him to exercise that right   ).

Do I have the legal right to deny Terry taking Justin out of the state of Indiana?

[klaasend]

I have legal custody of Justin, and he, of course, resides with me. His father (Terry) has visitation rights. Terry wants to take Justin and his baby sister (8 years old) to Florida for a week this summer, and go to Disney for at least one day, and other sight seeing places. Terry is an idiot when it comes to caring properly for children. He denies and minimizes the dangers in today's world for our children. I do not want Justin to go. I am very afraid of what could happen to him. Terry does have the legal right to have X # weeks with Justin in the summer (though it has always been too "inconvenient" for him to exercise that right   ).

Do I have the legal right to deny Terry taking Justin out of the state of Indiana?

Justins - It probably depends upons the divorce settlement.  Sometimes there are restrictions for out of state or out of country but not in all cases.  If there is verbage in your settlement regarding out of state then you are within your rights to not allow him to take Justins.

[justinsmama]

No verbage either way, klaas. I looked up Indiana regulations, and he is required to submit the dates for an extended summer visit by April something . He did not do that.

[Buckeye]

Is he going to visit someone in Florida??  A relative or someone you could discuss your concerns?  They could maybe tag along??
I've never heard of the April thing, but then, my kids always refused to go for longer than a few hours.  I always worried I'd be in contempt of court.  Glad those days are over.
Maybe you should call the paralegal at your lawyer's office or leave a message over the lunch period (they hate that, but it is cheaper).

[justinsmama]

No, he is not staying with anyone. He apparently won a trip. Trust me, he would otherwise not be going and spend any money on the kids.  

[Easywriter]

That is a very tricky business and you probably need professional advise.  I did just happen to see a new web site on Fox a few minutes ago about getting answers to anything.

Check it out and see if they will get back to you.

http://www.videojug.com/tag/alimony-and-child-custody

[justinsmama]

Thanks, Easy. I'm going to contact the judge about this.

[Angiex911dsptchr]

Justins,, I agree with Easy..  Contact the judge for these issues. I dont know what you agreed on as far as visitation,, or vacation times?
 I used tio HATE whe my ex had to tkae my daughter for a week for vacation when she was little.. But not much I could do.. otherwise I would have been held in comtempt of court. He usually brought her back earlier then expected cause he didnt want bothered  

 Id see what your rights are in your visitaion agreement. If he did not submit his visitation request by April.. then IMO I cant see you having to allow this vacation time?   Let us know what happens!! Best of luck to you.

[Tibrogargan]

Hey Justins, I know nothing about this sort of situation but what comes to mind is the drama you had with Justin on your trek into the woods.  How would he cope with all the activity and stimulation of an excursion like the one his father is planning, without you along to watch his meds etc.
Wishing you all the best with this decision.

[justinsmama]

Yes, Tib, and I can envision all kinds of things that his father would deal with in a completely negligent and/or abusive manner.

[pdh3]

justins - can you have klass send my email addy to you? I might be able to help.

[justinsmama]

Sure, pdh3. I'll email her right now and ask her to send my addy to you. Please put your monkey name in the "about" space.

[pdh3]

Will do!

[justinsmama]

pdh3~ Are you enagua? Or is that a spam emailer?

[pdh3]

pdh3~ Are you enagua? Or is that a spam emailer?

No - that's not me. I sent you one saying Hello. Then I sent another one because I'd forgotten to send my monkey name.

[justinsmama]

pdh3~ You've got mail!

[Tibrogargan]

Justins - just another thought but you probably have already considered this anyway.  With the events of the trek in the woods, could you not talk to Justin's Dr or specialist and get a letter or certificate saying Justin is not ready to do anything as major as this trip at this time? It would be another vote for your side of things.

[justinsmama]

Justins - just another thought but you probably have already considered this anyway.  With the events of the trek in the woods, could you not talk to Justin's Dr or specialist and get a letter or certificate saying Justin is not ready to do anything as major as this trip at this time? It would be another vote for your side of things.

Tibro, You are a BRILLIANT!

[justinsmama]

Found this on http://www.vaonline.org/community/index.php/Parental_Abduction

Parental abduction (or kidnapping) is defined as when one parent takes, retains or conceals a child (or children) without the permission of their spouse or the custodial agent, whether done by the parent personally, or caused by them through family members or other agents.

In cases where the abducting parent has lost custody, an additional charge of custodial interference can be laid. In most countries, removing a child from the jurisdiction where custody was granted will result in more severe (federal) charges.

[Tiger]

Good luck,this is a tricky area of law.