Interpretation and advice

[lissa68]

Melissa(lissa68)
Hi all, I have a question for you, and am looking for guidence.
Court order states, mind you a trial for modification is scheduled for Aug of this year to change all this, but still:

Respondent shall be granted visitation rights with the minor daughter of the parties on Saturday afternoons from 1-4. Respondent's Saturday visiations are to be supervised. Supervision shall be by either a member of Petitioners family or public official. That all costs of this action be paid by Respondent.

My questions:
1. Can Petitioner state or choose where visitation is to take place?
2. If I want to take child outside to play, with supervisor in tow, can Petitioner stop us?
3. If petitioner interferes in visitation time in any way, do I have any recourse?
4. I want to have an easter egg hunt this weekend, outside of course, as lately Petitioner says I can only see child in a small employees breakroom in a old folks home, I sent a notice of intent for visitation, stating my want to have this in a park or someplace bigger, and was told I can only see her in the nursing home, and that was final, her words exeactly.

So, what are my options?

Lissa68

[MixedBag]

1.  Nope.

2.  Nope.

3.  Probably in August.

4.  Save the letter as evidence.

Seems like the best course of action for you right now since you have a hearing pending in August is to do the best you can to go with the flow and to document how the other party is trying to overly control the situation.

JMHO of course....

[Peanutsdad]

1. Yes,, if that is the wording,, the petitioner can dictate who is supervising. Petitioner can force the issue of using a visitation center. You on the other hand can file with the court that the current orders are unworkable due to excessive interference of the petitioner, and demand a center.

2. Nope. THAT part is completely up to the supervisor. In fact, petitioner should not even be present during your visit.


3. Yes you have recourse,, but I would simply document interference and submit it to the court in August.


4. same as 3.



Look, you CAN file a motion to modify based on excessive interference by petitioner, OR you simply document , make sure you have witnesses, and present in August.

[lissa68]

Melissa(lissa68)

Ok, both replies were what I needed to know.

Now, she completely denied me seeing her, in fact she took the child out of state this weekend, I called and called and called, no answer.  I did not even get to speak to the child.  So I got not visitation at all.

So is my best recourse on this to file contempt of court for denied visitation?

I called the sheriff's department to get this reported and since it does not state in my order the dates of visitation they refused to file a report.

So all I have is my phone records of the calls and no video tape of the visit as I video tape it all.

Advice?

Thanks

[MixedBag]

The police, sherriff, none of them can really do anything.  They are out there to enforce CRIMINAL laws, not civil laws.  Family divorce situations are CIVIL items.  (Now I know that some states have criminal codes that start to head in the right direction connected to kidnapping a child and stuff -- but for the most part, they can't do anything).

File contempt?

Hmmm...think of this -- by the time you file the paperwork, get a hearing date, it might be 6 months down the road and stuff.  Sometimes the system is fast, sometimes slow.

Maybe you could file contempt asking for make-up time and get the hearing to co-incide with the hearing in August.  

It just depends on how fast you could get into the court, how often she does this, and how you feel about going back to COURT.

You know -- "OUT OF STATE" -- what's the big deal?  Many people live close to state lines and even YOU can take the child "out of state" -- once you get the other stuff eliminated.  When I take my kids to the beach, we go "out of state" but that's 3 hours away.  When we go to a large city, that's "out of state" and that's only 2 hours away.  No problem with the "OUT OF STATE" part -- because I return.  

Or do you have something in your order (or state's laws) that says she can't go out of state?  Just be careful about what you complain about -- it has to be a legitimate complaint.....or else you look like a whiner....and you don't want to do that.

What's relevant is that she denied YOUR time....not how far she ran with the child.  

[smtotwo]

Statute # 948.31  Interference with custody by Parent

 (1) A parent or other person having legal custody of the child under an order or judgement for divorce separation or paternity action.

(2)  Whoever causes a child to leave, takes a child away, or withholdsa child for more than 12 hours is guilty of a class E felony.

(3) Any parent, or person acting pursuant to directions from the parent,
who does any of the following is guilty of a class E felony

    (a) Intentionally conceals a child from the childs other parent

    (b) After being served with process action affecting the family but prior to issuance of a temporary or final order, takes the child and causes the child to leave with the intent to deprive the other parent of physical custody.

    (c) After issuance of a temporary or final order specifying joint custody rights, takes a child from or causes a child to leave the parent
in violation of the custody order.

We've never had to use this law but we know it inside and out and or fully prepared to use it if we have to!!

CHECK YOUR STATE LAWS CAREFULLY!!