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    comptojc's Avatar
    comptojc Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 11, 2007, 11:05 AM
    Visitation Issue
    My husband and I live in South Carolina with his wonderful 7 year old little boy. When the child was for the mother was having problems and decided to give us custody. After 6 months and she received no child support from us, she wanted him back. After several months of "agreements" we were able to settle and get custody of the little boy. We believe that he should have contact with her as much as she desires. We made an important agreement that she could come and see him any weekend that she liked provided she gave us 24 hours notice. We also continue to send pictures, videos, and school work to her and her grandparents. She is entilted to get him every time he is out of school for the whole length of his break (he is on a year round calendar and gets 3 weeks three times a year out) except for Christmas and Thanksgiven. During those times we trade off. In odd number years she gets him for one week to include christmas day and christmas eve. While we get him for Thanksgiven. In even number years we get that time at christmas and she gets the time at thanksgiven. She does not excerise her visitiation often but we still send calendars and information and just ask that she contact us one week before each intercession so we can arrange to meet her in Florida to exchange the child. This summer she did not excerise her vistiation and we sent certified letters just stating that if she would like to then we would be happy to meet her. We got no response. The child is on a year round calendar and goes back this week to school. He is out for three weeks in the fall, at christmas and spring. She gets those weeks plus summer if she chooses expect for the christmas she only gets one week. I believe that we have been very nice. She is not on child support and does not contribute at all. We make a point to make sure that we meet her half way on all exchanges, which we wrote in the agreement. Now she is threating that if we don't let her see him for the whole three weeks at christmas (mainly because her grandparents want to see him) then she will take us back to court and try for custody. The only time that we get to spend with him when he isn't in school (except for weekends) is the two weeks at christmas because the agreements states that she has him all the other times. Unlike her who does not work, we both do and we do not have grandparents funding attorneys. What should we do and what type of process should we expect.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    Jul 13, 2007, 07:40 AM
    Quote Originally Posted by comptojc
    and we do not have grandparents funding attorneys. What should we do and what type of process should we expect.
    Hello com:

    Well then, you're just going to have to fund your attorney yourself. This battle doesn't look like it's going to be cleared up just once. Plus, it doesn't matter how right you are, if you can't present your side to a judge (and you can't without an attorney), then you'll lose.

    excon
    bushg's Avatar
    bushg Posts: 3,433, Reputation: 596
    Ultra Member
     
    #3

    Jul 13, 2007, 07:54 AM
    I say an attonery is not always need if you have kept good records of your interactions with the mom. She has to prove that her home is better for him in order to get custody. My sister-in-law got custody of her grandson without a lwayer. Also I have went to court a few times ranging on child support issue & visitations issues (husband has a child by former relationship) and credit card disputes. We have won without an attonery. I think the judges want to keep the children in the most stable homes. If she chooses to throw a temper tantrum and demand to get her way or else. Let her do it. I would try to get her demands in writing. Through email or a letter. Also call your local courthouse and explain the situation to a clerk, you may be able to request a mediator to settle this issue. Make a few calls before you hire an attonery. I would not hire one unless she served papers, she may just be making threats.

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