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Messages - jsi21063

#1
Dear Socrateaser / RE: Visitation Issues
Mar 31, 2006, 07:59:36 AM
I apologize for being unclear and thank you again for your help.

Regarding question #1:

I am considering "liberal" visitation as any visitation outside the parameters of the "set" visitation which takes place EOW and alternating holidays.  For instance, any additional weekends or days CP gives me.

During the "liberal" visitation, there is no set pick-up or drop-off time.  This is just extra time CP chooses to give me.

For instance, if CP calls me and says "You can keep the children today if you want, I'll drop them off at 8 AM and and will pick them up at 5 PM".

I agree and spend the day with the children.  

At 4 PM she calls and states that she cannot meet me at 5 PM as previously planned and that I will need to keep the children until she is able to get them at a later time.

The problem is that her changing the time interferes with an event that I cannot disregard or not attend (i.e. work, meeting, appointment).  An additional problem is that live some distance away from CP.

1.  If the above case occurs, what do I do if CP absolutely refuses to get the children except during a single 30 minute span, the time and place of which she chooses,  during which time I am unavailable to meet her?

My confusion, which you have already addressed, is who sets the time and place of pick-up's and drop-off's during this "liberal" visitation.  CP is operating under the belief that she chooses both and that if I don't comply, I am going against our paperwork, hence contempt.

Thank you so much.  You have been so helpful.
#2
Dear Socrateaser / 50 mile rule
Mar 31, 2006, 07:07:32 AM
CP and NCP reside in GA.

At last court appointment, paperwork changed to indicate that "if the residences are 50 or more miles apart, the two parties shall meet halfway between the two residences to exchange the child(ren)".

I recently moved and our residences are now 50+ miles apart.

Today is the first weekend with the 50 mile rule in effect.

Primarily, CP told me that 50 mile rule only pertained to holidays and that she would not meet me.  This is not true, the paperwork states that this pertaines to all "set" visitation.  

Next, she stated that since I, the NCP moved, the rule didn't apply.  Again, no mention of this in the paperwork.

She is refusing to meet me based on these two reasons.  She also stated that I have from 6-7 PM to pick up the children from her residence or forfeit my weekend.

1. Do I have to pick up the children from her residence or forfeit my weekend with the fact that the 50 mile rule is in the paperwork and in effect?

2.  I do have her statements recorded (applicable in my state).  Would this prove her denial of my visitation if I go to the halfway point and wait for the court ordered 1 hour?

3.  How can I prove that I waited at the halfway point for one hour?

4.  I'm worried that if I pick up the children from her residence that the judge will view that as my willingness to forego the 50 mile rule in the future.  Is that possible?

5.  What are my options?

Thank You.
#3
Dear Socrateaser / RE: Visitation Issues
Mar 31, 2006, 06:57:14 AM
Thank you so much for your reply.  It was very helpful.

I do have one last question:

1. If I have the children during "liberal" and not set visitation, what would I do in the instance that CP absolutely refuses to meet me to exchange children?  For instance, if the one time CP chooses to meet is at a time when it is completely impossible for me to be there?

2.  I'm starting to worry that she could try and press kidnapping charges if I am unable to meet at a time she sets at the last minute.

For instance, durinng the previously described incident, she waited until late afternoon to change the pick-up time from 4 PM to 10:30 PM.  This was impossible for me.

If such an incident arises in the future, can I have a person appointed by me (i.e. spouse) to meet CP with child for pick-up?

3.  Can she press kidnapping charges against me if, during "liberal" visitation, she changes the pick-up time at the last minuite and I am completely unable to meet her?
#4
Dear Socrateaser / Visitation Issues
Mar 30, 2006, 12:22:31 PM
CP and NCP both live in GA.

In the paperwork, visitation is defined as "liberal" and if parties cannot agree, a minimum of EOW (6PM Friday to 6PM Sunday) and alternating holidays visitation is set.

In past, I (NCP) have often gotten children at times other than the set visitation of EOW and alternating holidays.

However, recently CP requested me to watch one of the children due to the fact that the child was ill and CP had to go to work.  I had a state holiday from my job that day.  I agreed with the verbal agreement that CP would pick up the child at 4 PM due to a meeting I had.

At 3 PM, CP calls and states that she cannot get child, she has to work late and I will be responsible for child until she (CP) "chooses" to come and get child.

I remind CP that I have a meeting and this is impossible.  I suggest alternatives such as my wife watching child, her mother watching child, etc.  She says no to all, that child is my responsibility until she (CP) "chooses" to get her.  She also states that she (CP) will decide the time and place of that meeting.

I am forced to tell her that if she refuses my options, I will simply have to leave child with my wife.  She (CP) states that if that occurs, I will have to bring child to school in the morning, which is impossible due to school being 60 miles from my house.

I reply no, this will not work, and I will be dropping child off at her work at the previously agreed upon time of 4 PM.  She replies that she is calling her lawyer.  Well, when she called back she had apparently not gotten the answer she was looking for and told me to bring child to her work at 4 PM.

Now I'm worried about taking children at any other times than the set EOW and alternating holidays.  

1. Can CP dictate and change drop-off and pick-up times at a moment's notice, and without my agreement, when I have the children during non-scheduled visitation?

2.  If CP can dictate above, can I get into legal trouble for being unable to meet her at such a specified time?

3. Can CP dictate with whom and where my children can stay during my scheduled or non-scheduled visitation?  My paperwork does not address any issue pertaining to with whom and where children can stay during either my or CP's time.

Thank You.