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    allanh2o's Avatar
    allanh2o Posts: 4, Reputation: 1
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    #1

    Jan 17, 2013, 05:51 PM
    Can a spouse deny summer custody in Alabama if I relocated to California
    My wife have primary custody of our 3 kids in Alabama. I relocated to Califfornia.. I get them for half the summer.. I intend to bring them to California for half the summer.. Ex wife is denying me that right. Is that legal?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 17, 2013, 06:47 PM
    You should have that right, you may need to take her back to court to enforce it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jan 17, 2013, 06:52 PM
    What does the court ordered custody and visitation order say?
    allanh2o's Avatar
    allanh2o Posts: 4, Reputation: 1
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    #4

    Jan 18, 2013, 06:38 PM
    Quote Originally Posted by ScottGem View Post
    What does the court ordered custody and visitation order say?
    ** The custody document stipulate that we have Joint Custody but she has Custodial custody.. Just FYI, we divorced out of differences.. NO physical, verbal, emotional, drugs or alcohol abuse involved.. The kids love me and they are always excited about my every other weekend visitations..
    The documents express that we split the summer vacations.. Nothing in regard to me (father) if I were to relocate due to work..
    I am from California and my family live here.. They hardly know my kids. This will be their first to be with me for this length and to get to know my side of their relatives.. Plus Alabama in the summer is hell and the west coast is incredible.. Please, help!
    allanh2o's Avatar
    allanh2o Posts: 4, Reputation: 1
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    #5

    Jan 18, 2013, 06:40 PM
    Quote Originally Posted by Fr_Chuck View Post
    You should have that right, you may need to take her back to court to enforce it.
    My kids and I have an incredible relationship. Id really hate to have to go to court about this.. I think she is jealous.
    allanh2o's Avatar
    allanh2o Posts: 4, Reputation: 1
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    #6

    Jan 18, 2013, 06:41 PM
    Quote Originally Posted by ScottGem View Post
    What does the court ordered custody and visitation order say?
    We split on holidays.. I get to be with the kids every other weekend.. We split the summers.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jan 18, 2013, 06:49 PM
    Ok, so she is refusing? Go back to court and get the court to issue an order allowing it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Jan 18, 2013, 06:52 PM
    What does kids loving you have to do with not wanting to go back to court, if they love you and you love them, that is WHY you go back to court.
    If she continues to deny court orders, and you keep going back to court, at some point you even try and get custody
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Jan 19, 2013, 06:11 AM
    "Custodial custody"

    Alabama really knows how to turn a phrase. As opposed to "non-custodial custody", I suppose? :)

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