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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-01-2009, 10:28 PM
doingmybest doingmybest is offline
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Default Summer Visitation No Request?

I have sole custody of my daughter, she is 5.5yrs old. My ex gets her every second Sunday 10am til Monday drop off a school. His summer visitation is up to a max of 7 days.

According to our court order, my ex is suppose to give me his summer visitation request by a certain date.

He has not done so. That date has come and gone.

I am wondering what I am suppose to do now? Do I assume he doesn't want summer access? Do we keep going with the every other Sunday for the summer?

Also at what age will the courts listen to the wishes of a child? Are there any cases with young children?

Thank you.
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Old 05-01-2009, 11:02 PM
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billm billm is offline
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Why don't you ask him what he wants?
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Old 05-01-2009, 11:56 PM
singledad99 singledad99 is offline
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Based on my own experience I don't think its good idea to ask him. I made this mistake because I wanted to stick to the court order. Now when we found out that my ex had mental issues and access should be revisited, she is saying why I pushed her to take the child if I felt she was not a fit parent.

I wish I had this clause in my court order because my ex did not ask for her time until a day before x-mas break in year 1 and a week before summer break in year two. I had to juggle my work schedule to accommodate her demand and ending up driving him to her on daily basis to and from camp.
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Old 05-02-2009, 06:42 AM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by billm View Post
Why don't you ask him what he wants?
that is a good idea. Sometimes when life gets hectic we forgt about dates etc. Just ask him and if he says he does not want the child in the summer and just wants the same way it has been going, ask him to put it in writing.
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Old 05-02-2009, 10:00 AM
#1StepMom #1StepMom is offline
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Or "assume" and ask your ex to advise if it is so. For example: Dear Ex, it is now [date]. As per our court order, if you wish to have summer visitation with our daughter, you are to inform me in writing of your requested seven day period by [date]. Seeing as you have not done so and one week has since elapsed, I assume that you will not be exercising your summer access this year. Please advise if this is not your intention by providing a written request for vacation time by [date], otherwise I will continue to stand by my current assumption that you will be forfeiting vacation time this summer.
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Old 05-02-2009, 01:31 PM
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Quote:
Originally Posted by #1StepMom View Post
Or "assume" and ask your ex to advise if it is so. For example: Dear Ex, it is now [date]. As per our court order, if you wish to have summer visitation with our daughter, you are to inform me in writing of your requested seven day period by [date]. Seeing as you have not done so and one week has since elapsed, I assume that you will not be exercising your summer access this year. Please advise if this is not your intention by providing a written request for vacation time by [date], otherwise I will continue to stand by my current assumption that you will be forfeiting vacation time this summer.
This is letter for people who don't get along and are trying to keep it legal. I would flower it up a little.

Hey we don't know your situation doingmybest, but a smile and a friendly call is mostly the best option. Don't play games, just keep it simple and don't let the other side bring you down, keep it friendly and to the point.
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Old 05-02-2009, 07:40 PM
doingmybest doingmybest is offline
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Thank you all for the advise.

I guess I am just getting a little tired of the continual games from his side.
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