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Joint Custody


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#1 Hezzay

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Posted 11 December 2012 - 05:44 AM

I live in Boston, MA. I have been divorced for 2 yrs now. My ex-wife and children live in SC. I want to have my children visit me on a consistent basis (possibly summer). When they have visited in the past, it was with strict limitations, including not allowing them to stay with me. I am currently remarried. My wife and step children welcome them just like family so there is no tension amongst them at all. The mother is just not willing to cooperate based off her feelings. Is there anything that would or could stop me from accomplishing this request?

#2 Ted_from_Texas

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Posted 11 December 2012 - 07:51 AM

What does your divorce decree say about visitation?

#3 pg1067

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Posted 11 December 2012 - 08:18 AM

I live in Boston, MA. I have been divorced for 2 yrs now. My ex-wife and children live in SC. I want to have my children visit me on a consistent basis (possibly summer). When they have visited in the past, it was with strict limitations, including not allowing them to stay with me.


Ok, so, when you got divorced, why did the court not order regular visitation and order that your kids could not stay with you? Those are relatively unusual restrictions that typically only happen in the event of drug or alcohol abuse or domestic violence or things of that sort. Along those same lines, what does your divorce decree provide for in terms of visitation?


The mother is just not willing to cooperate based off her feelings.


Unless your divorce decree leaves visitation entirely up to your ex-wife's discretion, her "feelings" don't matter. She must allow what the court ordered in the divorce decree.


Is there anything that would or could stop me from accomplishing this request?


Maybe. As noted above, the sorts of restrictions you mentioned are quite unusual. What has changed in the past two years that would justify a modification of the divorce decree?

#4 Guest_FindLaw_Amir_*

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Posted 11 December 2012 - 08:39 AM

To learn more about this subject matter, you may wish to visit the Family Law Center and read Child Custody as a good resource.




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