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MOMinMN1

Parenting Time Agreement Void if Children go in to Foster Care

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I have 3 children, 2 with complex medical issues.  I was divorced this year and could no longer care for the 2 children with medical issues, so they are in medical foster care. Our parenting time agreement allowed for the father to 'nest' at my house with the children while they were in my custody, but are no longer here. 

 

Is our parenting time agreement null and void because the two children are in medical foster care?

 

Father relocated several months ago and hasn't followed parenting time agreement but now want to enforce that he bring the children to my house for his parenting time.  I have said no, but know that we need to renegotiate the agreement as well, but need to know that the old agreement is not enforceable either.

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the 2 children with medical issues . . . are in medical foster care.

 

Not sure what "medical foster care" means.

 

 

 

Our parenting time agreement allowed for the father to 'nest' at my house with the children while they were in my custody, but are no longer here.

 

Nest?  Not sure what that means.  Is that really what your divorce decree/judgment says (which is what your use of quotation marks around "nest" implies)?  You indicated that two of the three children are in "medical foster care."  What about the third child?  Is he/she still living with you?

 

 

 

Is our parenting time agreement null and void because the two children are in medical foster care?

 

Of course not.

 

 

 

Father . . . now want to enforce that he bring the children to my house for his parenting time.

 

Not sure what this means or whether it's relevant.  Are you saying that he wants to pick up the two children from the "medical foster care" and bring them to your house for visitation time?  Again, what about the third child?

 

 

 

I . . . know that we need to renegotiate the agreement as well, but need to know that the old agreement is not enforceable either.

 

Keep in mind that "unenforceable" does not mean the same thing as "null and void."  If the living circumstances of two of your three children have changed since your divorce decree/judgment was entered, then it may be impossible to perform certain of the provisions of the decree/judgment.  However, presumably, most of the decree/judgment should remain in place.  Obviously, no one who hasn't reviewed the decree/judgment can speak intelligently as to how the changes will affect the decree/judgment as a whole.

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