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Author Topic: Visitation during Military Deployment  (Read 1647 times)

joeyljc427

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Visitation during Military Deployment
« on: Jul 10, 2004, 10:07:06 AM »
Divorce took place in Indiana, Kosiosko County.  Visitation is ordered and is labeled "Reasonable Visistation".  There are three children from that marriage ages 14, 12, and 10.  Dh does not have custody.

Dh has been deployed with the Reserves.  We have two children together that have a relationship with the children from the above mentioned marriage.  What if anything can I do to ensure some sort of visitation between the two sets of children?  The ex wife has said that she would allow short visitation, but everytime I ask for it she deny's me.


socrateaser

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RE: Visitation during Military Deployment
« Reply #1 on: Jul 10, 2004, 05:42:51 PM »
>Dh has been deployed with the Reserves.  We have two children
>together that have a relationship with the children from the
>above mentioned marriage.  What if anything can I do to ensure
>some sort of visitation between the two sets of children?  The
>ex wife has said that she would allow short visitation, but
>everytime I ask for it she deny's me.

If your husband is already unavailable to appear in person at a hearing, he could still file a motion to clarify "reasonable visitation," and order a more specific parenting plan that would permit you to continue the established relationship between the kids.

This assumes that the children of his former relationship actually want to maintain this relationship. If they do not, then their refusal to visit could make your obtaining an order in your favor a waste of time.

I can't really conceive of a judge who would refuse the motion, in view of the sacrifice being made by your husband -- and for his ex to oppose it would make her appear to be rather vindictive in the court's view.

So, it's up to you. You cannot file or represent on your husband's behalf, and even if an attorney is to do it for you, you will still need your husband's signature on the forms, or a letter from him granting the attorney authority to act in his absence.

joeyljc427

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RE: Visitation during Military Deployment
« Reply #2 on: Jul 10, 2004, 07:36:06 PM »
Dh is still in the states until Sept, however he is not in our home state.  We could mail any and all papers for his signature though.

What would you think a Judge would consider reasonable.  I would like to have them every other weekend from 6p on Friday to 6p on Saturday.  They attend church regularly with their mom and have many friends there.  I want to be fair to them. I don't want to just pick them up for a couple of hours here and there since they live 55 miles away.

They have all stated that they want to come visit, but you know how that goes.  

Is this motion something that I could draft myself or do I need an attorney for this?

Imom

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RE: Visitation during Military Deployment
« Reply #3 on: Jul 11, 2004, 07:04:48 AM »
PLease do let us know how things turn out for you, as all of our motions were denied. And my husband can not go or he will loose custody.

joeyljc427

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RE: Visitation during Military Deployment
« Reply #4 on: Jul 11, 2004, 11:21:27 AM »
Could you elaborate a little more so I can fully understand your situation and what you were requesting?


socrateaser

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Please take this off line. Thanks! (nm)
« Reply #5 on: Jul 11, 2004, 11:36:43 AM »
.

joeyljc427

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Please Read Need Response
« Reply #6 on: Jul 12, 2004, 04:17:25 PM »
Dh is still in the states until Sept, however he is not in our home state. We could mail any and all papers for his signature though.

What would you think a Judge would consider reasonable. I would like to have them every other weekend from 6p on Friday to 6p on Saturday. They attend church regularly with their mom and have many friends there. I want to be fair to them. I don't want to just pick them up for a couple of hours here and there since they live 55 miles away.

They have all stated that they want to come visit, but you know how that goes.

Is this motion something that I could draft myself or do I need an attorney for this?

 

socrateaser

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RE: Please Read Need Response
« Reply #7 on: Jul 13, 2004, 05:54:49 AM »
>Dh is still in the states until Sept, however he is not in
>our home state. We could mail any and all papers for his
>signature though.
>
>What would you think a Judge would consider reasonable. I
>would like to have them every other weekend from 6p on Friday
>to 6p on Saturday. They attend church regularly with their mom
>and have many friends there. I want to be fair to them. I
>don't want to just pick them up for a couple of hours here and
>there since they live 55 miles away.

Ask for what you want and let the judge decide.

>
>They have all stated that they want to come visit, but you
>know how that goes.

No, I have no idea how that goes. Everyone's circumstances are different.

>
>Is this motion something that I could draft myself or do I
>need an attorney for this?

If you know how to write a motion, then you can write it up and your DH can sign it. I can help with the wording, but I need to see some boilerplate from your jurisdiction, so I know approximately how motions in your locale look.

You would certainly be better off with an attorney licensed to practice in your State.

 

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