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hossbonnam
Oct 30, 2007, 10:37 AM
I have court ordered visitation rights.
However I have a HARD time exercising my
visitation rights for many reasons:

* financial
* work related - overtime fridays and saturdays
* work related - other part time job, Wed. and Sat. evenings
* lenghthy travel distance. (1 hour to halfway point)
* other visitation with 2 other children (2 hour drive to that half way point)
* plus I have an infant with mu current G/F
* sometimes I do not have very much food in the house
* No Heat in the winter months
* and medical reasons to boot(FMS)

I spend as much time with my kids as humanly possible.
I the winter when it is cold I try and get him for
Just the day so that we can go visiting realtives.
This lets us spend time together and get a free meal as well.
I do average 4.5 days per month with one child
And 7 days per month with the other two.

The problem I run into is that the mother tries to deny
My visitation rights based on the fact that
I don't exercise every possible weekend that I am entitled to.
She thinks that if I don't have kids one
Weekend that I don't deserve them the next.

If I am unable to get the kids I always call a head of time and let her know.
I always make sure its OK so that I didn't ruin any plans she may have had.

On the days she denies my visitation the conversation always starts with her car not
Working and then ultimatley she angrily expresses that I don't don't deserve
visitation based on past non visitation.

I should hope that if my! Father! Legitimaley could only see me once
In my entire life time that Im not kept from him at that moment for any reason.

Ive heard of fathers being gone for many many years from a child's life and
Suddenly appearing out of noware to exercise parenting time and visitation rights.
For many reasons ranging from military leave, work and even jailtime.

My 2 questions are:
Can she leagally keep me from visitation based on my lack of?
Can I be forced to take the child on the days I am unable?

charlotte234s
Oct 30, 2007, 09:16 PM
What are your legal visitation rights? You are entitled to visitation on all of those days or just some, if you can't make some, you still get the others. I don't think they can force you to take the child on your visitation days unless you have joint custody.

cjonline
Oct 31, 2007, 08:50 AM
They can't force you to go and pick up the children. I have been told that hundreds of times by Judges, lawyers and my ex. There may be a way to withhold the next visitation if you miss one but it has to be ordered by the Judge. I would pull out your visitation agreement and reread it. If it says something like 'unless otherwise agreed to by the parties' at the end of it then you might have to go back to court and get something more formal written. She does have to have the kids ready and if it states in the order to go halfway then she has to or she is in contempt. Short of going to court to report her for contempt and have something more formal written you really are subject to her... 'car breaking down'.

hossbonnam
Oct 31, 2007, 09:41 AM
They can't force you to go and pick up the children. I have been told that hundreds of times by Judges, lawyers and my ex. There may be a way to withhold the next visitation if you miss one but it has to be ordered by the Judge. I would pull out your visitation agreement and reread it. If it says something like 'unless otherwise agreed to by the parties' at the end of it then you might have to go back to court and get something more formal written. She does have to have the kids ready and if it states in the order to go halfway then she has to or she is in contempt. Short of going to court to report her for contempt and have something more formal written you really are subject to her... 'car breaking down'.

Well I do have court papers and she does have to meet halfway.
My visits are the first 2 weekends of every month.
The reason I did this is so that my other children could meet their half sibblings.

If she cannot provide transportation then she could be jeopardizing my sons health in that doctor visit, appointments won't take place. Or a possible rush to the hospital instead of waiting on an ambulance results in something worse than what could have been prevented.

I believe the law states that a child needs both a mother and a father in there life to prosper. Can she void this law by making claims of non-transportation?

Do you think the courts would let me use the same excuse if I did not work because my car is broke. Would I then relieved of my court ordered support obligations.

If my car broke down during visitation, could I keep my son until I get it fixed in a few years?

cjonline
Nov 1, 2007, 07:39 AM
Those are all valid questions and something I would bring up to her or a Judge if it comes to that. If the agreement says that she must meet you 1/2 way on the first two weekends of the month, then she has to. If it says that you have to take the child back to the 1/2 way mark at such and such time then you need to (car troubles or not). Court orders are not something to mess with. Don't do something just because she does it; you both would be wrong. Do it the correct way through the courts. (I know I would be so tempted to test the 'car troubles' thing just for pay back, I'm like that, but I have been to court enough to know not to mess with the Judges orders.)

I know that you said it's hard to talk to your ex but try, be calm and know going in that she will get mad and yell. Try to explain that it's hard for you too and you're trying your best to be a dad to all your children. If it doesn't work then maybe talk to an attorney, they might be willing to write a letter to her explaining things and if that doesn't work then you may have to set a court date and have the Judge tell her that she can't just not bring the child for visitation. If she brings up the car trouble, let the Judge outline the needs for a working car with children. Does she call and let you know that she isn't going or do you get all the way there and see that she didn't show? May the weekends she has 'car trouble' you could drive all the way. If your child stays the whole weekend the trip wouldn't be so bad. It might not be possible but it's a thought.

I don't know anything about the law you stated, I've never heard of it but it would be something to bring up with an attorney.