Visitation Agreement?

[Glasstiger75]

What is the name of your state (only U.S. law)? Texas

My ex-wife has been abiding the visitation agreement set by law in the court papers except one thing. She won't allow me bring my daughter to my house because I remarried and she thinks my daughter would be uncomfortable around my wife. I've been remarried for almost 2 years.

What can I do about this? From what I've heard, attorneys won't do anything about it.

 

[tuffbrk]

Does your custody/visitation agreement stipulate how and/or where you spend your time with your child? Are you allowed any overnight visitation? Have there been any domestic disturbance issues or TRO's between Ex, you and/or current wife?

If not, let your ex-wife know that you feel it is time your child and your wife get to know one another better.

 

[Glasstiger75]

Nowhere in the papers does it say that my daughter cannot stay at my home. I have visitation rights on Wednesday nights and all weekend every other weekend. My wife really wants to meet my daughter. She has never met my ex so there is no conflict. I think the only issue is my ex being selfish and jealous.

 

[truebluemd]

Nowhere in the papers does it say that my daughter cannot stay at my home. I have visitation rights on Wednesday nights and all weekend every other weekend. My wife really wants to meet my daughter. She has never met my ex so there is no conflict. I think the only issue is my ex being selfish and jealous.

I take it your being denied visitation, since you have an order for weekend visitation. Is that correct?

 

[Ohiogal]

Who told you attorneys/courts would do nothing about that? You have a right to pick up your daughter EOW and take her anywhere you want unless your court order states otherwise. Why have you CHOSEN not to take her to your house and meet your wife?

 

[Glasstiger75]

I take it your being denied visitation, since you have an order for weekend visitation. Is that correct?

No, I'm not being denied visitation, it's just that she is only letting me see my daughter at her house. As far as the weekend visitations, I see my daughter on Friday and Saturday nights.

 

[Glasstiger75]

Who told you attorneys/courts would do nothing about that? You have a right to pick up your daughter EOW and take her anywhere you want unless your court order states otherwise. Why have you CHOSEN not to take her to your house and meet your wife?

Attorneys themselves told me they can't or won't do anything about it. I've called 4 different attorneys and they all told me the same thing. To document what she's doing wrong and if worse comes, call the police to hold her in contempt of the papers. And I've tried that in the past and that doesn't work either. I guess whatever I do will just end up in turmoil.

 

[SopranoKris]

Can you write what your order specifically says? Do you only have your daughter for visitation for a few hours or are you allowed overnight visits? Because if you have overnights, she can't just dictate that she won't let your daughter come to your house because you are remarried. I can see if you have a no-paramour clause (e.g. girlfriend), but you are married now, so she can't keep your daughter from visiting you just because she doesn't like it.

You're allowed to take your daughter wherever you want on your time, just like you can't dictate where she goes on your ex's time. Unless there's something that specifically states you can't, then you should file for contempt and attorney's fees.

 

[tuffbrk]

If you are allowed EOW, all weekend, then you are being denied your visitation. Your Ex is also limiting your visitation. You have been married for 2 years and your daughter has not even MET your wife?

Sir - please. Simply advise your Ex it is time your daughter got to know your wife. Speak to a counselor or google some parenting sites to figure out how to best "phase in" your FULL overnight weekend EOW. This is nonsense!!

You must realize that the only reason your Ex is getting away with this is because you are following her rules, instead of your custody agreement! If Ex still has concerns about child's lack of comfort around your wife, then she can take her to counseling...

As to no one doing anything for you - they cannot. YOU have NOT done anything that would allow to do anything for you. You just keep following your Ex's rules...

 

[Glasstiger75]

Can you write what your order specifically says? Do you only have your daughter for visitation for a few hours or are you allowed overnight visits? Because if you have overnights, she can't just dictate that she won't let your daughter come to your house because you are remarried. I can see if you have a no-paramour clause (e.g. girlfriend), but you are married now, so she can't keep your daughter from visiting you just because she doesn't like it.

You're allowed to take your daughter wherever you want on your time, just like you can't dictate where she goes on your ex's time. Unless there's something that specifically states you can't, then you should file for contempt and attorney's fees.

The papers state that my visitation times are Wednesdays 6pm-8pm and every other weekend from Friday 6pm - Sunday 6pm. I'm afraid that during my visit that I will take my daughter to my house and my ex will do something drastic. I know that legally she can't, but that's just the way she is and it'll cause a situation that I don't want my daughter to witness. We live in 2 different cities about 30-40 minutes away so on Wednesdays it's hard to actually spend enough time with my daughter because of the drive since I'm the one who drives back and forth. I'll discuss it more with her tomorrow and see where this leads.

 

[Glasstiger75]

If you are allowed EOW, all weekend, then you are being denied your visitation. Your Ex is also limiting your visitation. You have been married for 2 years and your daughter has not even MET your wife?

Sir - please. Simply advise your Ex it is time your daughter got to know your wife. Speak to a counselor or google some parenting sites to figure out how to best "phase in" your FULL overnight weekend EOW. This is nonsense!!

You must realize that the only reason your Ex is getting away with this is because you are following her rules, instead of your custody agreement! If Ex still has concerns about child's lack of comfort around your wife, then she can take her to counseling...

As to no one doing anything for you - they cannot. YOU have NOT done anything that would allow to do anything for you. You just keep following your Ex's rules...

You're exactly right. I've been following her rules. We've been bitter for the first few years after our split, and now I want nothing but civility so I've been avoiding any type of conflict even by following her rules. I'll do what needs to be done legally and if she disagrees, then we can let the law settle it.

 

[tuffbrk]

Discuss with your Ex that you will be following the COURT ORDER. If her concerns about your remarriage and your home are still an issue for her that she should seek counseling for herself, the child and/or do some research at a libary, book store via google, etc. to see how best to help your child adjust.

Children adjust more readily than adults - let us not ever forget that!!

 

[milspecgirl]

when you get there next time, take your child to the car and get in and go. bring her back at the end. PERIOD! Do not let mom tell you what you can and can't do. If she refuses, call the police and show them your papers- they will encourage mom to release the child(they can't MAKE her, but their report can be used in court). If she does not, immediately file for contempt.

 

[Bloopy]

when you get there next time, take your child to the car and get in and go. bring her back at the end. PERIOD! Do not let mom tell you what you can and can't do. If she refuses, call the police and show them your papers- they will encourage mom to release the child(they can't MAKE her, but their report can be used in court). If she does not, immediately file for contempt.

Kiddo has not visited Dad for at least two years.

I imagine this will not go smoothly and police scenario followed by contempt charges is likely.

At this point, Mom may even have status quo on her side if she spins it right.

Hopefully, her irrational thoughts and her own mouth will get her in court.

 

[TinkerBelleLuvr]

Bloopy, how I understood his posts is that he does see his child, but only at mom's. She won't ALLOW dad to take the child cuz he has a wife there.

I'm still with the "show up and take the child." Definitely have the court order with me. Go for an ice cream - then proceed directly to home. Yes, the X will scream and holler, but she doesn't have a leg to stand on. He is to make sure that he promptly returns her on Sunday. He should expect some fireworks on Sunday, including a few officers "waiting". He should be armed with his court papers. Allow for them to make a report. Get names, badge numbers etc. Make sure they are subpeoned for court, cuz OG has always said, you cannot cross examine a police report.

OP - have a new toothbrush and hairbrush at the house. Probably plan on "shopping" for some weekend clothes. Make sure that the child is returned with her clothes washed from Friday.