- Welcome to SPARC Forums.
Can I deny visitation because I do not want my children around my ex's new boyfriend/girlfriend?
No, you cannot. If you do, you will be in contempt of court.
The only time it would be reasonable to deny visitation would be if you honestly believed that the children would or will be in immediate physical danger. You would also need to be able to prove this assertion in court to avoid a contempt charge.
My ex has moved farther away since our divorce. Isn't he/she responsible for more of the transportation since I wasn't the one that moved?
Possibly, but don't count on it. The courts generally like to see an equitable division of transportation-related responsibilities, but if your ex moved (with the children) far enough away so that transportation becomes a significant issue, they may order that the party who moved to be responsible for more of the transportation costs or distance.
There are few, if any, restrictions on non-custodial parents who chose to move, although the court will typically make them responsible for at least half of the transportation costs if their move takes them farther away from the children.
My girlfriend and I had a baby. I've paid support regularly but haven't seen my child in six years. Is visitation possible?
You can probably get some visitation, but don't expect the court to fall at your feet after 6 years of no contact. The only reasonable way you could justify this to the court would be if the mother has prevented you from seeing the child.
You can work to establish visitation, but chances are it will need to be "phased in" gradually over time and also possibly supervised for a while. You'll need to find out what parenting time is available to you right now (if any) and work from there. You should also probably consult with an attorney to see what your best plan of action would be.
Don't expect the child to accept you easily, especially in the beginning. Like it or not, you are a virtual stranger to him or her, no different than anyone else. Go slow, don't push, and understand that this may be very uncomfortable and bewildering to the child at first. You may want to consider contacting a therapist to learn how best to go about reestablishing your relationship with your child.
You should also examine your reason(s) for wanting to become part of the child's life again. If you can't commit to being a long-term, stable parent, you could be doing more harm than good. Bouncing in and back out of a child's life can be devastating for them, so make certain your commitment to being a parent is sincere, and that your motivation comes for their best interests, not yours.
What can you tell me about grandparent's visitation rights?
At this time, it's very difficult to give a definitive answer to this question.
Currently, grandparent's visitation rights are still uncertain. Various courts have ruled in a variety of ways, most of them contradictory. If the grandparents are determined to gain some sort visitation and have the legal and financial resources to press the issue, they will usually get some consideration from the court.
This is by no means a 'sure thing'- the courts are still in flux over the visitation rights, if any, that grandparents have. Some courts have ruled that grandparents essentially have no rights to visitation, but other courts have done the opposite and ruled in favor of grandparents, granting them limited visitation.
My ex will not agree to visitation, blocks phone contact, and refuses or returns certified mail. Court has failed me. Is there anything more I can do?
Check the Statutes where the children live for Custodial Interference laws (See Family Law Statutes By State for links to the statutes).
Get the children's School and Medical Records, look for evidence of neglect and/or abuse. Alienated children frequently have high absenteeism, behavioral problems, and poor school performance due to the emotional and psychological abuse they suffer.
Read Tips For Getting Started. Hire an attorney near the children, and make sure you REGISTER your out-of-state order (see UCCJA), if applicable, so that it can be enforced by the courts where your children live.
Above all, DOCUMENT! DOCUMENT! DOCUMENT!!!