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I have a problem what can be done?

Started by shellcode, Aug 04, 2012, 06:25:53 PM

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shellcode

Me and my ex have a 6 year old daughter,i have her every 2 weeks for the summer and does the mom, she has physical custody, and i have every other weekend visit when school starts, and we have joint legal custody.So we had a lil dispute today, and i i told her im going to get my daughter monday, cuz the mom works so she stays with her grandfather, cuz is my time to get her and she telling me No, i have to wait to wait til she come back at 9pm there no time on the agrement in the court order,than she tells me nobody going to be home and saying her father ain't going to let me in like she being a jerk? should i call the cops? or take her back to court? cuz we did had a big custody battle, she has a history of violated visits.... any help would be appreciate...

Simplydad

Send her an email, text message and voicemail all telling her what time you will be picking up your daughter.  Mention in these messages that the court order does not specify a time in when you can pick your daughter.  That you would appreciate her cooperation in this.  Let her know that you will show with a constable and will expect her father to turn your child over to you.

If she does not comply you will need to take her back to court.  However this time I would suggest that you ask for a change in the visitation as well as make up time.  Get in the order that you would like the right of first refusal.  That if she will be away for more than 8 hours than she has to offer your the right to take your daughter first.

shellcode

Yea i would be changing the shecdule, this can't be going like this, I know she mother but she think she has every right, and setting her own time and day, I live in Nyc i believe we dont have right of refusal, we have modification in visitation... she works full time M-F 11-7 and Im available all day i don;t work

ocean

NY has First Right of Refusal but you ask for it in the modification papers. Something like "father requests modification of the visitation order due to mother's refusal to agree to pick-up times. Father requests that exchange times be added to the agreement so there is no confusion on when each parent has the child. Father also requests FROR and that anytime the mother has to work or need a babysitter more than 3 hours that the father be given first right over any other family member or babysitter".

You can file these papers yourself at the family court intake unit. They will type them up for you, sign them, serve her the papers with the court date. You can have anyone over 18 hand her the papers and sign off that they did it or hire a service to do it.