Friday, November 25, 2011

Can my ex-wife give her parenting time to her parents if she does not want the child without my permission?

Most of the time my ex is supposed to be spending with our daughter, she leaves her with the grandparents. This next trip her grandparents are not even taking her to see her mother. The divorce papers list the time as parenting time for the mother, not grandparents- do I have to let them take her?Can my ex-wife give her parenting time to her parents if she does not want the child without my permission?
The way I see it, she can do whatever she wants with the child during her parenting time. Just be grateful it's with the grandparents and not some boyfriend or other babysitter. Is she working while the grandparents have her? Or just out doing whatever. We are in the same situation, the mother is never around, but out of kindness to all involved, we let Nana and Papa have him on her weekends. (she doesn't work either and may be into drugs)


Now if you're child were being harmed, I would definitely refuse visitation. I would go back to court and file a full custody petition. We haven't done that tho, as the person who would be most affected is my 5 year old step son.


PS: We haven't seen a lick of child support in the last 4 years, and that also was court ordered. We could take her back to court for that too, but again, why would we want our son to have to see his mommy in jail.Can my ex-wife give her parenting time to her parents if she does not want the child without my permission?
That depends on how it is spelled out in your papers. I would call your lawyer and ask if you have to let her go. If the grandparents are the ones that are suppose to pick her up, then take her to her mothers, you don't know for sure if they are taking her or not. That is a fine line. If the grandparents are good to her, what harm does it make for them to have her. She needs to know that side of the family also, and if she loves them why take them away from her.
Your ex can leave the kids with her parents during her time if she wants to. there is something that you can do though. Take her back to court so you can get Right of First Refusal. If you have ROFR, you will get your daughter back if Mom is not going to be with her during Moms parenting time.
For your daughter, I'd file for custody. Yes your daughter needs to see the grandparents, BUT... it's best for a child to be with her parent as much as possible especially in this type of situation.

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