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My children are fearful of visiting with their dad

My ex husband was awarded visitation with our two boys every other weekend, however, he has yet to even pick them up himself. He always has an excuse as to why he has his mother do it. First he didn't even really have one and now his excuse is work (sometimes he does work over but not every weekend...and I know this because he works at the same factory my mother does). Just yesterday (Friday), I was told by my ex on Thurs. that his 70-something year old grandmother would be picking up the boys since his mother was in the Bahamas on a cruise. I didn't like that idea because his grandmother is NOT in good health and has a history of passing out a lot (she lives alone). Since the boys returned home from their last visit with their biological dad, they have been BEGGING me not to make them go back over there. I've tried talking to them about it but at ages 3 and 5, I haven't really gotten too much of an answer other than them saying "I'm scared of my dad" etc. I ask they why they are scared of him but they act like they are going to be hurt or something for telling me. This has had me concerned so I tried talking with my ex about it and of course, he blew up about it and turned the conversation around to cussing me out, calling me names, saying I was trying to just stir things up, I was lying, etc. I go through this every time I ask him even simple questions such as "Would you like to come to see the boys in their play at church?". My 3 year old screamed, kicked, and fought getting out of my car when I dropped them off yesterday. He was screaming at my ex's grandmother that he didn't want to go. And when my dad's wife got out of her vehicle and walked over, it got worse. My son ended up throwing up all over me from being so upset. My ex's grandmother said "Just throw him in my car and he will shut up". I have not taken my children around my dad or his wife for over 2 years now because I caught my dad smoking pot in front of my boys. Now, my dad and his wife have become friends with my ex husband (who they hated so much that they let me live with them when my ex first kicked us out of our home). Anyway, I knew that my dad's wife was going to end up keeping them and not my ex's grandmother so I drove around the block and then waited a few minutes to drive by the grandmother's home and sure enough, there was my dad's wife leaving with my boys. My ex had to work today as well so he has not seen the kids as of yet this weekend. This is typically how it goes when his mother picks them up. She has admitted to me that he does not come see them except an hour or two on Sunday. My divorce papers say that the drop off is between ME and their father. Not me and his mom, me and his girlfriend, etc. What are my options here? I desperately want to find out why my children are fearful of seeing their dad. They are okay as long as his mom is picking them up but literally freak out (in a bad way) when they see him.

by TNmom   9 Posts 
Posted on 10/24/2009 8:18 PM
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Answers for "My children are fearful of visiting with their dad"  (4) (You must be logged in to answer)




Nope - all that means is he is responsible for them - doesn't matter where he as them, just that where ever the kids are if anything happens it is his responsibility to deal with - it also doesn't give specifics as to who can pick the children up.

In a parenting plan - when something is restricted, it has to be SPECIFICALLY stated. Very exact words need to be used.

IE:

Father is to be SOLELY responsible for the care of the children during his parenting time.
or
Children are ONLY to be picked up and dropped off by the father.

Thing is, life doesn't work that way - and you aren't allowed to have that much control over HIS life post divorce unless there is just cause.

Now if you have proof of very recent drug use by your father (and by that I mean he was arrested) then you can petition the court to not allow the children around him - but anyone else, provided they are in good standing with the law - he can have them take care of or visit with at any point during his visitation.

First get them to the psychologist - it could be that they are making it up simply because they don't want to go. If he isn't around it's a bit of a stretch to think they would be afraid of him. Possibly more bored than anything. You have to get to the root of what the issue is before you go further. Otherwise any court action will fall apart in your face and then when something does happen, you look like you are a "wolf" cryer.

You won't get overnights taken away unless there is abuse going on. So don't go to court prematurely trying to get a GAL for the children or anything restricted until you have solid evidence of something wrong going on. Right now, it's your word against his.
by spaznskitz   7745 Posts
Posted on 10/25/2009 10:46 AM
0





Spaz- it says except for the following times- does that mean he has to be the caretaker? He is responsible?
 I agree with Spaz- take them to a counselor- one that will testify in court.
I would also talk to my lawyer- see if you can get a lawyer for the boys- try to get the wording added about the ex inlaws and your dad. If the courts know that it is not a safe environment for the boys then you can at least get his overnights taken away.
As it sits right now- you have to make them go- You are going to have to get the wording changes somehow!
by mtnvly   3539 Posts
Posted on 10/25/2009 8:37 AM
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This is word for word what our divorce papers say:

The mother shall have responsibility for the care of the children except at the following times when the father shall have responsibility.

From Friday at 5 pm to Sunday at 5 pm every other week.

In addition, the father shall be entitled to daytime visitation during the week if the father is off work and available.

This parenting schedule begins date of the Court Order.
by TNmom   9 Posts
Posted on 10/25/2009 7:40 AM
0





To find out why they are scared - take them to a child psychologist.

Your divorce papers, tell me the EXACT wording on what it says as far as pick ups and drop off - because if the word ONLY (or similar) isn't in there - then you are wrong, it doesn't mean he can't have other people pick the children up. Not to mention, in court, he'd win that argument - he has a right to see the children and unless whoever is picking the kids up doesn't have a valid license - the court isn't going to care if someone other than he picks them up.

Also, as far as "his" time goes - it is just that - HIS time, and unless the decree specifically states that he is not to bring the children around x, y or z - he can let whoever he wants care for them - and you can't do a thing about it.
by spaznskitz   7745 Posts
Posted on 10/24/2009 9:41 PM
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