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-   -   Am I within my rights to stop my son going to his fathers house? (https://www.askmehelpdesk.com/showthread.php?t=500951)

  • Aug 23, 2010, 07:46 AM
    chaz8857
    Am I within my rights to stop my son going to his fathers house?
    I am looking for some advise regarding my ex partner and my son. My ex partner used to have my son to stay overnight at his address however was unwilling to give me this address. I have since then advised my ex that I'm not willing to have my son stay there if I don't know where it is he is staying. This is for emergancy purposes and for my own peace of mine as I like to know where my son is at all time. Can you please advise me if I am within my rights to do this as my ex is now threatening to take me to court?
  • Aug 23, 2010, 08:00 AM
    JudyKayTee

    Let him take you to Court for visitation and let the Court decide what is appropriate under the circumstances.

    I would tell your "ex partner" exactly what you've told us.

    How old is the child?
  • Aug 24, 2010, 08:34 AM
    answerme_tender

    If he doesn't have visitation rights and you have absolute full physical and legal custody of your child, then I would tell him to take you to court. If someone man or woman willing to step up and support their child financially then they have no say and should be thankful you were allowing him to visit with child. Good luck!!
  • Aug 24, 2010, 08:38 AM
    JudyKayTee
    Quote:

    Originally Posted by answerme_tender View Post
    If he doesnt have visitation rights and you have absolute full physical and legal custody of your child, then I would tell him to go ahead and take you to court. If someone man or woman willing to step up and support their child financially then they have no say and should be thankful you were allowing him to visit with child. Good luck!!!


    The father has rights, rights which cannot be enforced unless/until a Court sets them down in writing.

    I don't understand your sentence: "If someone man or woman willing to step up and support their child financially then they have no say - "

    Support and visitation are two different issues entirely and legally a parent who does NOT support DOES have a say...
  • Aug 24, 2010, 11:56 AM
    answerme_tender

    In my opinion, I do not feel that any parent who refuses to support children should not be able to put demands on the parent who is making every effort to support these children. Now remember this is my opinion and the elective word is refuse.
  • Aug 24, 2010, 12:10 PM
    JudyKayTee
    Quote:

    Originally Posted by answerme_tender View Post
    In my opinion, I do not feel that any parent who refuses to support children should not be able to put demands on the parent who is making every effort to support these children. Now remember this is my opinion and the elective word is refuse.


    You and I have addressed this before - this is a LEGAL ISSUE and what you and I think does not matter.

    Your sentence is a contradiction - "I do NOT feel that any parent who refuses to support children should NOT be able ..." Do you mean that you feel that any parent who does not support a child should not be able... and so forth?
  • Aug 24, 2010, 12:28 PM
    answerme_tender

    Well if your wanting me to answer how for her to get legal consultation, then contact lawyer most will have first visit free.
  • Aug 24, 2010, 12:34 PM
    JudyKayTee
    Quote:

    Originally Posted by answerme_tender View Post
    well if your wanting me to answer how for her to get legal consultation, then contact lawyer most will have first visit free.


    That is not what the OP asked - the OP asked if she is within her rights to stop the visits.

    Attorneys are not offering free initial visits in my area. Perhaps they are in yours. "Consult an Attorney" may be part of a legal answer but it is certainly not the entire answer nor is it particularly helpful to the OP in most cases.

    Please answer my question: I don't understand your sentence: "If someone man or woman willing to step up and support their child financially then they have no say - "
  • Aug 24, 2010, 01:26 PM
    jillia

    We are allowed to give opinion with thinking we are in a court room on this site or maybe not
  • Aug 24, 2010, 01:42 PM
    GV70
    Quote:

    Originally Posted by jillia View Post
    we are allowed to give opinion with thinking we are in a court room on this site or maybe not

    It is a legal board. If your answers are based on the law and/or court practice then feel free to post what you want.
    If your answer is based on " I think....." then I would advise you to find another board like Beauty,Parenting,Relationship , etc.
  • Aug 24, 2010, 01:43 PM
    ScottGem

    This site has forums that should be properly used. Certain questions require answers that are not primarily opinion. This is the case with this question It has now been moved to the appropriate forum where it should have been posted in the first place.

    Opinion definitely has a place on this site, but there are questions which have to be held to a higher standard of accuracy. This is one of those questions.

    That being said. The answer to the OP's question depends on level of custody she has and the wording in her support/custody/visitation order.

    I would be reluctant to advise anyone to defy an existing court order. But this MAY be a situation where she can get away with it. I would tell the father, that you are the primary custodian of your son. Therefore, you have the right to know where he is at all times. That, if he refuses to grant you that right, then you will not allow your son to go with him. If he doesn't like that, tell him to take you to court.

    I don't think your request is unreasonable or out of line. I believe a judge will tell him that he has to agree to your stipulations.
  • Aug 24, 2010, 02:12 PM
    JudyKayTee
    Quote:

    Originally Posted by jillia View Post
    we are allowed to give opinion with thinking we are in a court room on this site or maybe not



    Your sentence is - also - confusing. "We are allowed to give opinion with thinking we are in a court room ..."

    No, you are NOT allowed to give an opinion on the legal threads unless you have the appropriate education, knowledge, experience.

    This is not an opinion board.

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