My ex-husband and I went through a very difficult divorce. We have a family court approved plan in Connecticut stating that the kids are with him during the school year in CT, and they come stay with me during the summer in Florida. I fly up to see them usually every other month at least, while they are in school. I have had to cancel two trips since the coronavirus outbreak. I have a feeling that my ex is not going to let me bring the kids to Florida this summer. I miss my kids so much! I have been fortunate that I still have a job during this difficult time but my hours are reduced. I pay him child support, and he files them on taxes so he got the extra $1000 on the stimulus check. I don’t know how to proceed and would very much appreciate any advice on what to do.
You should always check with your husband to see if he will agree to any change you propose. That should be true whether you have a court order or not. If you propose something, and the husband objects, then you can always apply to the court for a modification of the existing order.
You should consider what would happen if the roles were reversed. What would you want in the opposite situation? In your correspondence with him, always be polite and not condescending. Remember, a letter can be shown to a court if necessary. Good luck
Your case is too fact-specific for me to properly advise you. The reasonableness of the offending party’s behavior is the standard by which judges will operate when courts reopen. So, many factors will be considered when someone seeks to hold the offending party in contempt. In the end, I expect the judges will sanction only the most egregious behavior, but will fine every offended party make-up time in an amount consistent with that lost during the pandemic.
It sounds as if the court that has jurisdiction over the children is located Connecticut. If so, that will be where you will have to secure your rights and have a local lawyer assist you. Unless relinquished, that state continues to have jurisdiction over the children. This is a common issue arising during the pandemic and you need to see if a local lawyer is open to help you and, second, if the court is open for this type of case. I would have you contact your ex in writing and ask for a written guarantee that he will obey the court's order on timesharing during the pandemic. If not, you will need to move now to enforce your rights. Be sure to also tell him that if the kids come to Florida, you will respect social distancing and wear a face mask initially and when the kids are out in public. You can reassure your ex that the kids will be protected by you in Florida. Don't delay.
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