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    angelz921's Avatar
    angelz921 Posts: 73, Reputation: 3
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    #1

    Jul 27, 2007, 11:04 AM
    Supervised Visitations
    If supervised visitations are court ordered for 2 months so the non custodial and child can rebuild a relationship are set, but the location and times are difficult to ad hear to can other arrangements be made?

    For instance: Court order - Every Saturday and Sunday from 10am to 2pm at a park here in Florida. Now we are in hurricane season and it rains every other day, what happens if during visits it is raining? And this is a repeat thing, can the NCP make other arrangements to better suit time with the child? Or does this have to be done through the courts? What if custodial parent will not reschedule or change the location "because that what the paperwork says"? What are the options in this sort of circumstance?
    Mathandler1's Avatar
    Mathandler1 Posts: 87, Reputation: 2
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    #2

    Jul 27, 2007, 11:22 AM
    "What happens if during visits it is raining?" Seek a public shelter that both NCP and CP can agree upon near the park. Remember this is in the best interest of the child and not for the benefit of the NCP and CP. If a secondary location cannot be agreed upon than maybe going back through courts (costly) is the only way to go. Remember there should always be a back up plan or a secondary or even a third alternative location just in the event something happens. "Can the NCP make other arrangements to better suit time with the child?" In my opinion and past experience, of course each state maybe different, NCP can not make any changes without PRIOR approval by either the CP and/or court. I do recommend that the CP keep a log off all activities just in case it is needed in court. Hope the best for the child in question and good luck!
    angelz921's Avatar
    angelz921 Posts: 73, Reputation: 3
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    #3

    Jul 27, 2007, 11:57 AM
    As I do agree about a sheltered area, I doubt the CP in this situation will agree. As she is and has been doing all that is in her power to push NCP (father) out of the picture. The mother in this picture has done everything to go against original visitation guidelines set, and though she was in contempt for 2 year, father was unaware of his rights in this situation.

    As for the log, does that really make a difference in court wouldn't that be considered "hear say" and the custodial parent could say that it was a lie?
    Mathandler1's Avatar
    Mathandler1 Posts: 87, Reputation: 2
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    #4

    Jul 28, 2007, 08:54 PM
    I am Sorry Angelz921,

    "Hearsay" is evidence based on unverified information heard or received from another person such as a rumor rather than the personal knowledge of a witness and therefore generally not admissible as testimony. No, what I was talking about is like a journal or log of events. For instance, a scheduled visitiation is scheduled for tomorrow and the NCP shows up, but the CP does not or drags feet getting there very late. Just make a journal entry making such a notation about it. You can even have someone witness it if you feel like it. All you are doing is showing the court judge that the NCP is doing his part and the CP is doing her part in not abiding by the rules. I aught to know, I am a NCP and the CP (ex-wife) did her part by turning both kids against me to the point where they do not want to see me even though I have shown proof by keeping track of non-hearsay stuff that she was in the wrong and the judge rukled in my favor. She found another way by putting me in the bad spot light in the children's eyes. THe judge was not happy at all to learn that she tried to tell CPS (Child pertecetive service) (I was not the one who called) that another guy that she was seeing was the children's dad and the judges decision was in my favor and not hers. My oldest daughter now has a child I problably will not see because of my exwife bad mouthing me. Don't allow this to happen to the NCP by the CP. Best of luck!
    angelz921's Avatar
    angelz921 Posts: 73, Reputation: 3
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    #5

    Jul 30, 2007, 12:33 PM
    Thanks so much!! I appreciate all of your advice! My husband and I talked about the Journal you suggested and as he is the NCP and I will be accompanying him to every visit (his wishes) I will be the one making any notes. I REFUSE to allow that sort of thing to happen to my DH! I am so sorry that it happened to you! I am a mother and I would never treat my son's father that way, no matter what he has done! The CP in this case actually hates me because I have been the one instructing my DH on how to keep CP in line with her portion of the arrangements. She was basically using him for his financial obligations but didn't want him to have anything else to do with his daughter.

    Again, Thanks for your help!
    Mathandler1's Avatar
    Mathandler1 Posts: 87, Reputation: 2
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    #6

    Jul 30, 2007, 02:45 PM
    Hi Again angelz921,
    Good luck! The father should be very lucky to have a woman like you to stand behind him. You are a ware bread! I say this because after my divorce for couple years, I had trouble find a woman to date me because they made me feel like a used piece of meet that they did not want to touch until I met my current wife of 17 years now. Anyway, I am glad you appreciate my advice, just be warned that this is my opinion and experience and by no means am I a professional attorney. My legal advice to always seek an professional attorney that deals in this kind cases... most will give a free consultation. The one thing I have learned in my two law classes and listening to Judge Judy at work (only TV channel I can get on radio at work) is too always have documentation, documentation, and proof. Without it would be just a big waste of time and money. Best of luck to the two of you!
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #7

    Jul 30, 2007, 05:21 PM
    The custodial parent can technically adhere to "what the paperwork says." The time to seek modifications was during the court hearing where this order was established, not after the fact. You can try but it'll be much harder.
    angelz921's Avatar
    angelz921 Posts: 73, Reputation: 3
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    #8

    Jul 31, 2007, 09:15 AM
    The visitations were modified during the mediation, what does that have to do with adhering to the order? Are you saying that she doesn't have to meet up at another place for the visitation? I am aware that as the CP she has all the power in this situation. What I was asking was can the NCP make arrangements with the CP to set up an alternative meeting ground, or does it have to be done in court. I.E. Can we get an written statement from the CP stating that on this date and time we met at this place because of rain. Or do we not bother documenting?
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #9

    Aug 1, 2007, 10:04 AM
    You can always try negotiating with the CP. I'd definitely get everything in writing. But personally, rather than attempting to negotiate with the CP on my own, I'd prefer to go through the courts and get the judge to order it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Aug 1, 2007, 10:13 AM
    The CP can adhere to anything that is specified in writing in the court order. She does not have to go beyond that, but she has to meet those conditions. Anything not spelled out in the court order is subject to negotiation. Anything spelled out needs to be modified by the court.
    angelz921's Avatar
    angelz921 Posts: 73, Reputation: 3
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    #11

    Aug 1, 2007, 10:27 AM
    I know she doesn't have to negotiate anything, and with this CP I doubt she will. After this weekend NCP will judge weather and her willingness to discuss an alternative meeting place, if she is not willing to work with it, then he will have to go back to court. There is no way you can visit with a 4 year old in a park when it's raining. Which it has been doing every day for the past week.

    Thanks for the help!! : )

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