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Visitation During Social Distancing

Discussion in 'Child Custody & Visitation' started by Worried Dad, Mar 25, 2020.

  1. Disabled Vet

    Disabled Vet Active Member

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    I would agree about the virus.... He isn't worried about the virus. he is worried about her keeping the child.
     
    hrforme likes this.
  2. adjusterjack

    adjusterjack Super Moderator

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    I read it that he's worried that his ex and her parents might use the virus as an excuse to keep the child.
     
  3. Worried Dad

    Worried Dad Law Topic Starter New Member

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    This times a million, my daughter has a smart watch, they called her today and asked her to come today. Which she asks me and I have to say no and look like the bad guy. Then a bunch of texts from her mom to me, angrily stating that she doesn't have school and should get more time with her. And how if I don't allow it she is going to file something on Monday. So not sure if that is saying she knows I am picking up at 6 like normal if I send for a visit, I know she can file what she wants but nothing has changed so why would court change the agreement?
     
  4. army judge

    army judge Super Moderator

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    No one can say what a judge might decide, but even a dummy like me KNOWS no action will be taken until the Chinese Virus outbreak has subsided.

    If you do have to go to court, you might say you were OBEYING the isolation laws and protecting the dear child and it's older grandparents.
     
  5. Worried Dad

    Worried Dad Law Topic Starter New Member

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    What I meant was, I would think if they kept her, me as someone who has 100% custody legal and physical could file against them. Knowing it would take a while but that when I did get her back the judge wouldn't take kindly on them for doing that, and while it might get them a month of time with her, in the long run it would hurt their chances of seeing my daughter.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    If they kept her "because of the virus" you can bet that they would be forgiven just as you are likely to be.

    Even if she could get it together by Monday and file something, it would likely take weeks, maybe months for the court to do anything with it.
     
  7. Worried Dad

    Worried Dad Law Topic Starter New Member

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    I have 100% legal custody and physical we arent on a lock down just stay home orders, I get to decided where she stays because of the virus, I'll call every cop on duty till one them looks at the order and helps me.
     
  8. mightymoose

    mightymoose Moderator

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    They won't be much help at this point. You should direct any questions to a local family law attorney for the best guidance.
     
  9. Worried Dad

    Worried Dad Law Topic Starter New Member

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    He is saying exactly what everyone else is, I am posting on here and have talked to him not cause I don't trust him but in a time like this opinions are needed. I'm asking family as well. His stance is courts are telling everyone to continue to follow agreements but he doesn't think there would be any blow back on me if I kept her for safety and because if my warranted fear of them taking her because of their past actions.
     
  10. army judge

    army judge Super Moderator

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    Yes, but during these "crazy" Chinese virus times, even IF you filed for a hearing it'd probably be in July or August (maybe later) before it was even calendared, much less heard.

    Your decision to keep the dear child safe in order to protect her and her grands will likely be seen as wise, unselfish, and in the best interests of the child.

    Who knows when or if the matter would be heard, so your decision to follow the law of quarantine and isolation is sound.

    I'd speak ONLY to the fact that you wanted to protect the child and the grandparents from becoming a victim of the Chinese virus.

    I wouldn't even mention that you are worried about the grands keeping the child.

    Avoiding that argument makes you appear to be the better person, the caring person, the law abiding person.

    You need only to focus on your decision as the best one to protect the child, the grands, and you during the Chinese virus contagion.
     
  11. mightymoose

    mightymoose Moderator

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    Ditto.
    This is a health issue. Nothing more.
     
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  12. Worried Dad

    Worried Dad Law Topic Starter New Member

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    I should add that I am working during this, in isolated and see no one but I go to work and my daughter goes to daycare, who is open for essential workers only. She is the only one there. So my daughter is around two people during the week, me and daycare. At her grandparents where her mom lives, there is 8 people.
     
  13. army judge

    army judge Super Moderator

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    Less is ALWAYS more, mate.

    Additional details are unnecessary, the argument we've given you based upon your comments is more than sufficient for any attack the adversaries might make.

    Bottom line, protecting your child, her grands, yourself, and obeying your state and county government wins the day for you and your child.

    Less is more, no need to clutter the mind of the judge with unnecessary information.
     
  14. army judge

    army judge Super Moderator

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    Other than being compliant with local, county, and state directives during the ChiComm Contagion..
     
  15. Worried Dad

    Worried Dad Law Topic Starter New Member

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    When someone replies it says my actual name. How do I make that go away?
     
  16. Worried Dad

    Worried Dad Law Topic Starter New Member

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  17. justblue

    justblue Well-Known Member

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    I'll tag the mod's so they can "fix it". @adjusterjack @cbg @army judge
     
  18. adjusterjack

    adjusterjack Super Moderator

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    I fixed all the posts. Check your profile and make sure there's nothing in there that triggers the name thing.

    As for that court notice, you do what you think is best for your daughter and deal with the court later, if it comes to that.
     
  19. Worried Dad

    Worried Dad Law Topic Starter New Member

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    I took her and got her back, now can relax and think for a few weeks
     
  20. adjusterjack

    adjusterjack Super Moderator

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    My how anticlimactic. I was hoping for a knock down, dragged out, scorched earth battle to keep me from being bored during self-quarantine.

    I guess the other side wasn't so evil after all. Sigh.
     
    Disabled Vet likes this.

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