My ex-wife and I have 2 kids. She has physical custody but we have joint custody. Her husband of a couple months just got in an accident and lost both his legs. In such a tragic event, she will be in the hospitals all the time, I want the kids to come live with me for a short while during this event.
Although it is a tragic event, to me it seems to be the textbook time for me to step in and perform my rights as a father to take them in. She is going to a different state where the treatment will be done. She refuses to let me take them to my home which is also in another state, she would rather put them into daycare in the area around the hospital.
She is accusing me of not being sensitive to the situation, and that the guy who has known my kids for a couple months NEEDS them to heal (although his own kid from a different relationship will be there also). Give it to me real people, my divorce decree is so generic, what rights do I have?
My kids are 3 years old and 1 year old
you have every right to go to the courts just based on the fact that this is a legal issue > a moral one, & you both disagree..the problem is, is that by the time the courts even give you the time of day for a hearing on the issue, he will probably be out of the hospital & @ home…you need to sincerely talk to your ex about this..she is not willing to give them up because she knows she will not get them back..IF you are sincere, then put this more on the fact that this will allow her to let up on her obligations for a little bit, & make sure that the kids keep in pretty good contact with both her & her husband…honestly, if you can just act like a human being, ya may just get what you want..ya go in threatening, then you’re gonna get hesitation…even though it sounds like a great plan, you need to be trusted (sorta hard for her to trust you right now, I’m sure),,play the part, stick to the part & your future with your kids wil be great..& so, your kids will turn out great..but play dissension, the kids will be the one’s paying..again, legally, you can go to court with this, but overall, you both should behave like adults & keep the kids out of this court mess….you should also look @ what you are doing, how it plays in the future, & don’t go back on your word about sending them back to mom’s when it’s time…no matter what you may believe @ that time…again, she’s not being easy about this cuz she knows if she hands the kids over, she will have to fight to get them back..& after all the commotion that she’s going through right now, you shouldn’t bring her through that later..again, it comes back to trust, cuz by letting daycare take care of them, she knows @ the end of the day, she’s not gonna lose her kids…