Out of state visitation

[bryankeri]

Just to give you some background...My husband and I live in Texas, while his 2 kids live with their mother in Nevada, he moved to Texas for a $17,000 pay raise. She does not have a job, and hasn't for 5 or 6 months, she also lives between her grandparent's house and her boyfriend's. It states in the divorce papers that my husband gets them on odd year holidays and half of the summer. She is giving him a hard time about getting them to Texas or coming to see them.

My question is...If we buy the plane tickets and set everything up and she doesn't put them on the plane, what rights does my husband have?

 

[Duranie]

What does the decree say about visitation? Is it specific? I would notify mom via certified letter that he intends to use his visitation and she must send the kids to the airport. There is not much Dad can do to force mom to cooperate but file contempt charges. He might want to have an attorney on the back burner. Has he tried asking mom if she intends to cooperate?

 

[bryankeri]

She wants one of us to fly up there and get them and then fly them back. That is 4 round trip tickets. They are old enough to fly alone, but we think she is going to keep them out of spite.

 

[luvsspike]

It's always worked for me when my ex was being uncooperative or what I felt was spiteful...to actually quote the divorce decree/custody order. Find the place that it states your husband gets the children for 1/2 the summer, remind her that you are paying for the kids to come to Texas as you feel it you obligation since you moved out of state, explain how they are old enough to fly by themselves, suggest to her that if she feels she the need to be accomanied on the flight she is welcome to do that on her own dime. Explain that she will clearly be in contempt if she doesn't send them and that you will not only ask for your attorney fees but the lost airline fares as well. You need to do all this via certified mail/return request mail. I'm from Nevada too and have been very successful in pointing all these things out to my ex step-by-step...cause/effect. The courts have been good to me when he takes me back on every little thing if I have a paper trail.