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Beginner October 2014

Ex won't let son come to Our wedding. Anyone else go through this?

Leila, on July 16, 2014 at 2:19 AM Posted in Etiquette and Advice 0 32

I am the custodial parent of my 3 year old son. My ex and I already have a custody order set in place. He actually took me to court for custody and lost and he only has visitation every other weekend. My wonderful fiance and I are getting married in October. But here's the problem, we live in Los Angeles and the only venue that fit in our budget and that we loved only had ONE day left on the calendar this year and it happened to fall on the weekend when my son is at his dad's. So I asked him way back in March if he would be willing to let me have our son that weekend and I would give him two of my weekends, he said no with no reason. I have asked numerous times and he continues to say no with no reasoning. So I filed a Request for Order with the courts. We had mediation today and he still won't compromise but now he's saying he has a trip planned to San Diego, which I know is a lie. Will the judge order that my son can attend my wedding? Has anyone else been through this?

32 Comments

Latest activity by Todd, on April 7, 2021 at 8:04 AM
  • Maya
    Devoted July 2014
    Maya ·
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    I'm in New York and went through something similar. The judge MAY order him to allow your son to stay with you for the wedding. BUT it's also possible that if your ex can produce documents that he has a trip planned the judge will let him go with his father. At this point there is no guarantee until you go to court. I am so sorry you are going through this.

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  • F
    VIP May 2015
    FutureMrs.B ·
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    This does nothing but hurt the child. I would fight this tooth and nail. We are sending a STD home with my FHs son so she cannot say, "Oh! We are going camping that weekend!" He is the Best Man and deserves to be with us that day.

    You can switch custody weekends. He can go 2 weekends in a row and you can have him for this. I am sure a judge would back you if it comes down to it.

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  • Stacy
    VIP August 2014
    Stacy ·
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    Bring everything you have to the hearing. The contracts, with the date you signed them...it would probably be in your best interest to show that your wedding has been planned for some time, and that you've tried to compromise by giving him extra time. The fact that he was denied custody previously could also help your case.

    Our situation is a bit different, but I feel your pain and frustration. Good luck Smiley smile

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  • Amber
    Expert November 2014
    Amber ·
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    This is going to be HORRIBLE solution...but if ALL else fails...just don't let him go. Your ex might file something with a court if you deny visitation...but I doubt anything would happen.

    I know this is a horrible suggestion, but I watched my brother's ex-wife keep their kids on HIS weeks...he filed with court and nothing happened but a threat. It really sucked...but I wouldn't feel bad for your ex since he is unwilling to compromise.

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  • Barbara
    Master September 2014
    Barbara ·
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    I would not follow Amber's suggestion at all. You don't want to do anything that your ex can use against you, and the family courts can vary widely from state to state on how they rule in these issues, so what might be the norm for one state could be very different in another. Doing something like that could jeopardize your custody rights in the future.

    A couple brides have been through this, and I think I can remember one bride in particular who had to go through the courts. In her case, they did rule in her favor, but I'm sure these decisions are very nuanced and not at all straightforward. The worst that can happen is that your son won't be able to attend your wedding. It SUCKS that you will miss sharing the day with him, and that your family and friends will lose the opportunity to see him, but it won't be the end of the world. Perhaps later on you could have a small family commitment celebration for the three of you?? Keeping my fingers crossed that the judge rules in your favor!!

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  • L + R
    Master September 2014
    L + R ·
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    Do not do what Amber said. Judges are different like the leaves on the trees. You could have a judge deny you custody of your son at all because of that.

    I suggest bringing all info to the court and explain why it's important to have your son there that day. You could even suggest that your ex drop your son off and pick him up after the festivities, just so that he is there. Explain that your ex suddenly decided that they were taking a trip AFTER you had already asked for him to be there for your wedding. Make it look like (which it won't be hard, since he's obviously just being petty) he is just trying to inconvenience you in any way possible for no legit reason at all. Document where you've asked him to take two weekends in a row and document his responses. Document document document! If he's being petty as it seems, the judge will see that. Will he grant you that time? Nothing is for sure. Good luck!

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  • D&J
    Expert October 2014
    D&J ·
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    My FH's daughter might not be coming to our wedding at all. However, my kids will absolutely be there. My ex and I keep it civil, and have no formal visitation. We switch weekends when we need to. I'm so sorry that your ex is holding his visitation order against you on your wedding day. & as for the PP comment on not planning for your one of your weekends...I completely understand, and those who don't deal with the situation of visitation probably wouldn't. Here's hoping it works out for you...

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  • T.
    Master November 2013
    T. ·
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    Think about worst case scenario, that the judge finds in favor of your ex.

    Does the wedding HAVE to be this year? Can/Will you change the date to reflect a weekend when your son will be with you, next year?

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  • Amber
    Expert November 2014
    Amber ·
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    Thats not going to happen. Judges will not take away custody because you skipped one VISIT. I can guarantee you that. However, if you go through the court and the judge denies your right to have him at the wedding...I wouldn't go against a judge's direct order. I would have never gone to court in the first place (I suck lol oh well) if he said no, I would have just kept him home.

    It's not the best suggestion...or not a good one at all..but your husband is being a jerk. At the same time, your 3 year old won't care if he is there or not (even though it IS important for you). But, if you care that much to have them there...change your date.

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  • Leanne
    VIP April 2017
    Leanne ·
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    Email all conversations with your ex. That way any response he gives is on paper. Or follow up any in person or phone calls with an email to him.

    My ex can be a dink too, mantra when dealing with him and courts is "In my son's best interests" thankfully, my ex lives 6 hours away and only sees our son for maybe 1 month out of the year.

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  • Mrs2B
    VIP September 2016
    Mrs2B ·
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    Oh lord, please do not give people advice that tells them to ignore their COURT-ORDERED visitation!

    The other ladies have stated to bring all info you have for court, and that's all you can really do. The judge will either rule in your favor or not. Hopefully it all works out for you!

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  • Maltese
    Master June 2015
    Maltese ·
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    All this winds down to is that you made plans for you son on a weekend that belongs to your ex-husband...wedding or not, it doesn't matter and unfortunately for you, your ex-husband. You can HOPE for a sympathetic judge with strong family values that will somehow convince your ex to let the child go (as he is the only one that will be hurt in the end).

    Maybe you could be sneaky between now and then and somehow do the math in your favor that if you were to switch weekends somehow before the wedding, the wedding weekend would fall on your time? Or give up Christmas or Thanksgiving for one year to get your son that weekend? You have to be willing to bring something good to table to get him to want to compromise

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  • Amber
    Expert November 2014
    Amber ·
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    It's not a good idea. but I'm telling you, unless visitation is CONSISTENTLY denied the court will do nothing but ask you to reschedule. He is being a jerk.

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  • Amber
    Expert November 2014
    Amber ·
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    How far away do you live from EX? Can you have him for a few hours on the wedding day and return him?

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  • AndixLyn
    Master June 2015
    AndixLyn ·
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    To be honest, depending on the judge, you may get told too bad. you agreed to the terms of custody and you chose the wedding date knowing your custody schedule. its in the judges hands. your Ex in no way has to comply with your request to swap weekends. divorce is a b!itch.

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  • A
    VIP August 2014
    Anonymous ·
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    Don't do what amber said. I think the judge will probably see in your favor, if not there isn't really much else you can do. Unfortunately, when you picked the date on weekend you knew you didn't have your son you knew this could be a possibility.

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  • L
    Beginner October 2014
    Leila ·
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    Thank you all for your comments.

    I forgot to add, he said in mediation that if I gave him primary custody I could have the date, which shows he does'nt need that weekend. He's using our son as a pawn which is wrong. And to the poster that said my son won't care if he's there is wrong. My son talks about "getting married" everyday and has stated many times he can't wait to marry mommy & my fiance.

    I just have to say if anyone has tried to plan a wedding in Los Angeles you know how ridiculously overpriced it is. The venue we have is not my dream venue, but we used my fiance's step dad's residency in a city to get a great price that fit in our budget. It was literally one of the only places we could afford. I never thought his Dad would refuse the switch as I have switched for him in the past with no problem. He's just being bitter & vindictive because I'm moving on with my life. STD's have been sent, photographer booked, invites printed, cake paid, DJ paid, family flights booked...how could I possibly change my date. I have been fighting him for months. I have Our Family wizard and all of his responses to me are documented & he never once mentioned a trip to San Diego. He just made that up. We live across the street from each other. He moved across from my fiance & I a few months ago from a totally different city, which was beyond odd. Plus our wedding venue is only 1 hour from Los Angeles & San Diego in the middle, so he could compromise if he wanted.

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  • WalkerGirl
    Super August 2014
    WalkerGirl ·
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    Yikes, no advice here, but I'm sending thoughts your way. Hopefully the judge rules in your favor!!

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  • Antoinette
    VIP April 2021
    Antoinette ·
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    I believe he is just being bitter. Dont worry so much, take your papers in and tell the judge. Also show how u tried to compromise with him. Dont argue with this ex at all. Keep every conversation between u two. I believe the judge will let u get ur son for ur wedding. He may have u hand him over afterwards to the ex. Then again he just may have the weekend switched all together.

    Im gonna say this pray about it and put it in God's hands. Good luck with it.

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  • Barbara
    Master September 2014
    Barbara ·
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    Wow-- moving across the street?!?! That would creep me out Smiley sad

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