Venting About Ex and Visitation, Support from Mamas Needed....
Updated on
March 10, 2011
M.R.
asks from
Austin, TX
3
answers
A big shout out to Lynn M and JunMom S., for sending me great advise and asking about how I've been going through the divorce process. Finally as of the end of last month, we are divorced, it took 2 1/2 years to finally get there. In January of this year (2011) per our court order went to drop off my son at the meeting place about 1 hour away. My son has not wanted to see his dad, basically because he is comfortable here at home, he has not had consistent visitations or phone calls his dad has a new family. In my life, we have been consistent in where we live, I've had one boyfriend whom ADORES my son and my son LOVES him dearly, they are two peas in a pod. In January the drop off did not go well and my son did come home with me and did not go with his dad. His dad blames me for it. Since then, his dad called and gave up custody (verbally) stating it was to difficult for him to go through the incident again and he wanted to do what made our son happy and allow him to stay here. So, he was going to give up all his rights, not pay child support etc,. I told him I thought he was making a mistake and that he was not trying all avenues to gain his son's trust back (to use Skype, to go to counseling, I even offered to have him stay here at our house to help matters). All of which he declined to do. He stated that his life is there now and he has a home, and a family and that our son needed to be a part of it and needed to try and he won't do it staying here and that I'm interfering by not making him do so....(yea, I know)(ONE IMPORTANT part when my ex called me on that dreadful Saturday to give up rights, he didn't even speak to me first, he asked for my boyfriend and spoke to him about giving up rights asking him to be our son's dad....About two weeks after that, I call my son's dad to ask him so, what are you going to do as my lawyer has not been contacted by your lawyer regarding giving up your rights (this is also before our divorce was finalized)...he tells me he changed his mind and wants to be part of his son's life and that he won't try and take the child support away...(he never paid child support since we have been separated). So, when were you going to tell me? He said his lawyer helped him change his mind just last night and he was going to be in touch. Okay then, I've told our son about the situation and he seems fine about not having to go and see you or your new family, at this point, you need to tell him yourself, in person about going forward with our lives. He said he would get back to me.......that was the last conversation we had until last night. He calls and asks how we are doing and wants his son for spring break (it's in the decree, he has our son over spring break). I tell him, it's two days from now I'm suppose to meet you and hand him over? Yes. Since our last conversation when you gave up ALL your rights, I did explain this to our son and he believes you aren't in his life any longer because that is what you wanted....so he never asks for you or wants to talk about you ( my son and I see a therapist together about this, in fact I went to her to explain to me son about his dad giving up his rights)..exactly how am I going to get him in the car to you? He states, "well, he never is going to come here if he doesn't try and I'm getting married next weekend and want him in the wedding". I had to hang up the phone to compose myself. We made plans for Spring Break with my family, it could be changed not a problem, but my son knew his dad was on the phone and went and hid. He was crying and blaming me for talking to him and for making him go see his dad. I got him calmed. I phoned his dad back and told him he caught me off guard with all of this. He stated he wanted everything to calm down a bit after the divorce before he made contact. Yes, of course, but two days before you expect us to meet with you after not hearing from you since January and expect it all to fall into place? I asked him if the drop off could wait until Sunday during the day, our son is better with his emotions during the day and it would give him enough time to mentally prepare. He said he needed to discuss it with his girlfriend and would call me back. I checked my email about 30 minutes later and he sent his message via email (his girlfriend went through a divorce before we did and knows all the bells and whistles to this process-he even "cc" her on the email)...it states that he will allow us to bring his son to him on Sunday if I agree to bring him all the way to his house, and after the wedding to pick him up and take him home. They live 2 hours from here and as I stated we were going out of town for Spring Break, and somewhat going to his direction...however we were going for two days, not the entire Spring Break as he must think.....I wrote back stating we had cancelled out plans due to having to have our son go with you as the visit was for our son anyway-see grandparents and such....and could meet at our meeting place on Sunday preferably during the day. All this happened before 8PM last night, I don't expect him to write back yet-then again, he may have his lawyer get involved? Thanks for listening! I feel better purging this out!!!!!
I've cut and pasted this email in here so you could read what the ex wrote to me....I'm really surprised how angry he is in this letter. He has gotten some great advise from his soon to be wife and possibly his lawyer......I'm kinda numb right now...my son has been anxious all day from this...he wouldn't go to bed because it would bring him closer to Friday knowing he may have to go. He is so upset!.....Reallly needing your support now!!!
*****his email below
M.,
I will not come all the way to (drop off point per decree) from (our home) to accomodate you. I have the right granted by the judge to get (son) at 6 on friday in(drop off place per decree). If you want me to afford you the courtesy of doing the hand off on sunday you will have to meet me somewhere that is convenient for me. We can meet you in (another city close by) at 4 on Sunday. It's the same travel time as (drop off) and is on our way home. So, I will pick him up in (drop off ) at 6 tomorrow or I will meet you in (a city near by) on Sunday at 4 somewhere to pick him up. You choose.
When I do pick him up, I don't want to meet in a restaraunt (McDonald;s the parking lot of where we have done the drop off). I want our cars side by side so that if I have to take him kicking and screaming I just have to transfer him from your car to mine. Once he is with me I never have any problems with him. You encourage and accept this behavior from him and let him make all the decisions. Continuing to let him make the decisions could land you in jail for contempt and I will not hesitate to enforce my rights from here on out so I encourage you to encourage him to do what is mandated. The only way that I can undo the damage that you have done is to have some time with him. You should have never told him about our conversations until the divorce was final. Your actions have just further convinced me of your goal to separate us permantly and I will not allow that to happen. If you do not follow the judges orders I will file suit against you for contempt of court. You will be ordered by the judge to pay my legal fees, yours, and all court costs. Its time to start playing by the rules and letting(our son) know that this isn't a choice, it's the way it is going to be.
It's your choice, (drop off ) or (city near by)? I am fully prepared to enforce my rights from here on out in court, even if I have to have you put in jail. I pay child support and I expect my rights to be followed per the judge's orders from here on out so you had better encourage (son) to go with me instead of letting him make the decisions. YOU, are the only thing standing between him and his father.
More Answers
S.W.
answers from
Minneapolis
on
Have you talked with your lawyer about this? If the father has not been following the written visitation schedule up until now, I don't think there would be any legal ramification for you not sending your son to him on this short notice. I wouldn't send him until his father figures out what he wants and commits to it.
I think attending his dad's wedding could be traumatic for a 7 year-old in this situation. Who will be his parenting him while his father, who he does not have a healthy relationship with to begin with, is busy getting married? I'd be afraid that he would be found hiding in a closet somewhere while the wedding reception is going on.
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J.J.
answers from
Milwaukee
on
I feel for you and your family. It is so hard to deal with exes. I have to make arrangements with mine for vacation time and I dread it. I would have your lawyer serve him a paper saying he is not to go (unless you want him to). It is good to see that you are willing to drop your plans to keep the childs father in his life but don't let him think that you will do everything that he asks you to either. It is fair that he is granted that vacation according to your papers yet he told you he didn't want anything to do with the child anymore so he is very unstable. How do you know he won't take the child and run? It sounds like he is confused about what he wants to do and people may be telling him to try harder. The girl friend may be also. The fact that your child has issues with going there then being told his dad no longer wants to be in his life is traumatic enough but then to be in his fathers wedding when he's getting all these mixed signals? If you're confused think how your poor child must feel. Next thing you know he'll be married and trying to get custody. Watch how much you give him. It sounds like he's playing with everyone's emotions and playing head games. Please speak to your lawyer about what can be done. Make sure to mention that he said he wanted to give up his rights and was out of your childs life and that the child was told this and then is expected to spend the break with him and that he is in counseling because of his fathers decisions. Good luck and let us know what happens.
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A.P.
answers from
Gainesville
on
Argg this sounds very frustrating! your son's dad seems very unsure of what he wants. My question is why your son doesn't want to go with his dad? What does the couselor say about this? I think you should talk to his dad about trying to be more flexible concerning his son's feelings and asking for visitation. It almost sounds like he wants his son to come to the wedding for forms sake and not really because he wants to spend time with him... I don't really have any good advice! Except good luck divorce and family issues can be very tough!