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Visitation Rights

Started by accessforshaun, Nov 05, 2005, 07:45:19 AM

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accessforshaun

I need guidance PLEASE.
I will summarise the facts as this is a long story:
There are 2 children involved in this dispute.  The Mother and Father have been divorced for 5 years in December.
The Father has given up the matrimonial home and EVERYTHING in it willingly, so the children could continue to live in a familiar environment.
The Mother has another partner living in the former matrimonial home full-time, with the children.
The Father does not get regular confirmed visits. Visit days are Wednesday and Sunday, but this doesn't occur every week (arrangements are made but then broken on the day).
Father has lived in his own house since May 2005, with a bedroom for the children.  In the six months he has lived in the house the children have stayed over less than 10 times - he asks them to sleep every Wednesday and they want to, but it gets to Saturday afternoon and they ring to say they are not coming.
Father wants the children to visit him and stay over as often as possible (Fathers home is a five minute walk from Mothers).
Father buys the children whatever they want/need.  Mother is now asking for maintenance payments. Father is unwilling to give money directly to Mother, but if that is what she wants then Father wants more, regular, confirmed access and regular sleepovers (ideally half of the time, although he knows this is unlikely).
Father is unwilling to pay money directly to Mother for children he only sees sporadically, especially when Father has the facility to accommodate children and wants to accommodate them as much as possible.
I am the partner of the Father.  I am sorry this is such a long post, but if anyone can offer any guidance we would be very grateful

ocean

Is there a child support order now? If there is, then he needs to pay regardless of the visitation problems. These are two seperate things in court. As for the visitation, how old are the children? If they are younger than he should send ex a letter stating that he will be picking up the children as court ordered on XXX at this timeXXX. There is a format letter on this site you can use. Send it certified mail and then document what happens. If the children do not come, then you can file for contempt  (only on the days that is says on the court order). If you want to change the visitation days/times/overnights then you need to file a modification of visitation and the reasons why. Good luck!

gipsy

For One, cruise Socrteasers Board and read through , There are numerous interesting posts on there , And some of them have to do with agreed child support etc , And His advice on visitation etc ,
   I chose a different route  from the beginning And did everything through the court , Because I had to , However He needs a court ordered parenting plan to enforce , And He will get it if he Has to use the courts route , If he tries , There is here in wash state , You Can call the court and ask who does dispute resolution . And file for dispute resolution , And get all the issues except child support in writing , He has to have an enforceable Parenting plan. And it has to be by the specific day's . If the mother is doing this then he will need to write in like mine say's .
   Pick up of child will be at  Mcdonalds In lakewood on the corner of at this adress , At 5:00 pm On fri , Drop off at 5:pm Saturday , This works the best as My atty directed me to do , Because I could go Buy a coke and have the reciept as proof ,  Next I Went the court settled and signed way of establishing child support , That way she coul;d never use any of this against me , Or say I did not pay her or lose the reciept etc ,
  However I read on SOcs board about the issue of Child support , read through that Board etc , See if you can just get a parenting plan , And post about what is normal etc ,
    Likely is Like every other weekend One half of holidays , 4 weeks of summer and some of the spring and winter breaks , This all seems wierd , And it isn;t fair But i HaVE TO LIVE BY IT , aND IT IS  Better than nothing , And I have a good relationship with My son , Make your next post about parenting plan Ideas in your state , And try to get the mother tpo aggree to somethin like what I said , And its pretty standard , But then again If they can agrre it can be better , But by the history you stated she won't be likely to agree , But you can try , It's better than starting off with her being served , MAybe just get a plan And see if she will sign it , And get it filed , You will need legal advice , And you could also start getting prepared by calling many atty;s and find one that seems cool and too the legal point , Like he tells you about what you file and what you could reasonably ask for , And what level to nopt settle for in liu of court , I had a good atty like this , And she would not agree and I took her to court many times , And then ultimately to trial for custody , And got a better deal than she offered to settle at , Child support is set by the state guidlines , And you could just go to child support and ask for the guidlines ,If you are self employed don't even try this with out a real book  keeper[ CPA or Enrolled Agent] giving a breakdown of your income with the net at the bottom that is crystal clear <