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emergency motion?

I have been trying to tell my ex that when I don't work I should get longer visits , but he won't agree
I have April 2-11 off & My visit days are mon, wed, fri-sat
its only a few days away should i file a emergency motion?? I really have no choice, right
I could file it wed give it to him wed & ask for a friday court date..

Answer Question
 
maiahlynn

Asked by maiahlynn at 9:25 PM on Mar. 30, 2010 in General Parenting

Level 13 (1,143 Credits)
Answers (10)
  • i dont think they would grant you an emergency motion because the kids arent in any danger.....

    so he only has the kids tuesday, thursdays and sundays? 3 out 7 days a week. so you have them more than he does? are they in daycare?

    i could see you getting them while he is working if you are off, but if they are his days, i dont understand why he should give them to you just because you are off work as long as he is off.


    like....if he works on tuesday during the day and the kids are at daycare, but you are off work, i think you should be able to take the kids while he is working, but then when he gets off work, he still gets to pick them up and have them for his allotted parenting time. make sense?

    i guess i dont understand what your emergency is and i also dont understand why you think he should give up his time with his kids just because you arent working those days
    aly38914290

    Answer by aly38914290 at 9:46 PM on Mar. 30, 2010

  • he has her all the time she lives with him with us having joint custody his wife cares for her while he is at work..
    I'm am saying shes 12 she needs more time with mom .. I already have her mon & wed 4-7 it should be a big deal to pick her up early ... the judge allowed it for the summer why not the spring??
    maiahlynn

    Answer by maiahlynn at 9:56 PM on Mar. 30, 2010

  • oh. so you just want to pick her up early for your normal days while you are off work. that makes sense. especially since he isn't there. i understand that your daughter's step mom is caring for her while he is at work, but you are still her mom. i think you have every right to have her early.

    its possible that she does need more time with you, but without knowing more about the situation, i would hate to make a judgement on that one. however, i do think he should be willing to give you all day monday and wednesday instead of just the evenings.

    why does she not stay the night with you on mondays and wednesday? do you not live close enough to get her to and from school?

    and i still dont think they would grant an emergency motion.....at least here, i think it has to be more than just the time period is coming up soon. i could be wrong though...
    aly38914290

    Answer by aly38914290 at 10:02 PM on Mar. 30, 2010

  • I live 10 min away.. she wants to live with me, I want the same.. I can't get her to school I work 2 hours early AM 2 hours 2-4pm MON-FRI.. our judge may tell me it not am emergency but she may also listen to us.. well it could hurt to try only piss him off..
    last time we were in court the judge told us to agree on times to extend all my visits, but I could get him to agree so I ended up settling.. he had our child call me & tell me she didn't want any changes ( she told me later he made her) he isn't home I am
    & our child has no plans.. why not allow me to pick her up early on my days? I'm so sick of him he won't agree on anything, ever
    maiahlynn

    Answer by maiahlynn at 10:17 PM on Mar. 30, 2010

  • Okay, i couldnt quite understand your work schedule, but i understand that because of your work schedule you wouldn't be able to get her to school in the morning or be able to drop her off at her dad's in the morning before school to catch the bus or what have you. So, it sounds like overnights during the week wouldn't work because of that.

    it is sad that her dad forced her to lie on the phone. however, i will tell you this...just because she told you that her dad made her say that on the phone, doesn't mean its true. my SD use to lie about me because it was what she thought her mom wanted to hear....her mom is VERY insecure. either way, not a good situation for her to be in.

    again, i think that since you will have this time off that there is no reason that you should be able to pick your daughter up early. especially if you have joint custody and it sounds like the judge thinks its reasonable - continued
    aly38914290

    Answer by aly38914290 at 10:30 PM on Mar. 30, 2010

  • to extend your time with your daughter. i think its strange that he is so against you having that time....especially since its not like he would actually be losing anytime with his daughter either.

    i am not saying that you shouldnt at least try to get things modified through court. Its too bad you cant have overnights during the week....I would think that would help. From what it sounded, you her Monday, Wednesdays, and EOW. Maybe you can get another day that alternates that would make it 50/50.

    Without being able to do overnights throughout the week, it doesn't sound plausable for her to actually live with you. I could have read that wrong though. Because at least if you could have her overnight, maybe you could drop her off at her dad's in the morning (if its not too early) to catch the bus on your way to work and then pick her up from her dad's when you get off work on your days? Does that make sense?
    aly38914290

    Answer by aly38914290 at 10:36 PM on Mar. 30, 2010

  • I have her every mon/wed 4-7 every fri 4-sat 8:30pm.. friday is my only overnight.. if she lived with me I would be able to quit my job.. I pay support & if she lived with me I wouldn't pay support.

    maiahlynn

    Answer by maiahlynn at 12:05 AM on Mar. 31, 2010

  • At age 12, she is old enough to tell the judge what she wants as far as living arrangements & visitation. Most judges will respect the wishes of the child.
    motherofhope98

    Answer by motherofhope98 at 3:53 AM on Mar. 31, 2010

  • also i only work part-time if I kept my job for a bud co. I work 2 hour in am 2 hours in afternoon, off holidays, summer is optional.. I have 3 kids who do live with me.. I know she is almost old enough to talk to the judge, but she's scared.. he dad has told her if she lives with me he'll have nothing to do with me..
    maiahlynn

    Answer by maiahlynn at 10:19 AM on Mar. 31, 2010

  • again, i say it is worth trying to file for an adjustment. I do not know that completely changing where she lives would be the best, but i definately think you should have her more....and for more overnights.

    Our old schedule was: SKs with us - Mon, Tues, Wed, EOW. BM had them Every Thurs and Sun and EOW. They always stay the night whether its through the week or on the weekend. This summer BM for many reasons....not the right ones, decided she had to change it. so the day after father's day, and since we have only had them Every thurs and EOW. We got them extra time this week for spring break. BM pays daycare rather than have them get on and off the bus from our house on her days (we are actually closer, and their dad is home during these times and SHOULD be able to have them before and after school while she is working per state guidelines....but long story).

    ideally, it should be 50/50 for us...i would work for that
    aly38914290

    Answer by aly38914290 at 11:17 PM on Apr. 1, 2010

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