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Krazybabiblue · May 12, 2007, 10:52 PM

I recently got a divorce and was given visitation of my 1 and a half year old son.
The divorce paper work states as follows:

"For the next month-and-a-half, Father shall have parenting time with the minor child two days a week, for six hours each day, with Mother present orientating Father regarding parenting skills. After this month-and-a-half period, Father shall then have parenting time with the minor child for the same amount of time without Mother's assistance. At the end of this three-month period, Father's parenting time shall then increase to three days a week, unless there is good reason not to.

It was my understanding that unless a time restraint is clearly stated as it was for the first three months she cannot limit my time on those three days. She is not allowing me to see him for more than 6 hours each day. Is this correct? If I am supposed to have him for more time how do I enforce it?

krystal1973 · May 12, 2007, 11:14 PM

It would seem to me that after 3 months everything would stay the same and the only thing that changed was the going from 2 days a week until 3 days a week. At least that's how it seems to me.
Now it doesn't seem reasonable that she couldn't limit your time on the 3 days. (when it looks like it was the court who limited your time) If there was no time limit then what would keep you from having the baby 24 hours per day? I wouldn't be going making a big stink about it right now anyway, (Even though you want to see your baby more, which is understandable) It doesn't look good for you to be rocking the boat early on, if you know what I mean.
Plus if you really think about it, and you put the baby first, not limiting your time or keeping a schedule, could be hard for a baby that young to transition.
But if you really want to know, call your attorney, and at least see what they recommend or how they would interpret it. I am just giving you my opinion based on experience, good luck and I am sorry to hear that your family is going through this right now.

1badchoice · May 13, 2007, 02:58 AM

I disagree about "rocking the boat early on" as you have every right to be in your child's life. The initial limitations of the visitation were due to the age of the child and possibly to strengthen the father/child relationship. As the child gets older visitation should be lengthened to overnight stays. The wording in this document is ambiguous. Initially I thought it meant unlimited overnight visits for the three days... now I am unsure. Due to that I would strongly suggest asking the attorney you had at the time, any court appointed person involved in the case, or getting a consultation from attorney of choice. Though you disagree with the mother on this issue... don't cause arguments in front of the child. If you have to go back to court to get the order clarified, do so, but do not fight in front of the baby. You have rights. Don't let anyone take them from you. Cathy

Fr_Chuck · May 13, 2007, 07:22 AM

Yes, this is what we see all the time, father gets visitation order, and the mother finds 100 reasons you can't visit today, you can't dothis or that.

The father is entitled to every minute and ever visit given in the court order. If the mother will not allow it, take her back to court for being in contempt and havve the court force her. I have a close friend now where if the mother refuses the visit she is fined each time she refuses.

talaniman · May 13, 2007, 08:38 AM

Consult your attorney before you start anything.