Question

[silverwolf]

What is the name of your state?VA

Sorry I got kicked off line, we are having a storm here.

My question was if there is a mediated agreement on visitation between the CP and the NCP for summer and no matter what the NCP parent ask for the CP says no will the judge take sides or just make a judgement and set the dates up in a way he thinks is fair?

Thanks

 

[tigger22472]

What is the name of your state?

Indiana!!

Do I win a prize for getting the answer right?

 

[ceara19]

If the parents can't agree on their own, the judge will. As far as "fairness" goes, the judge may try to be fair to both parties, the party that is NOT being difficult or to NEITHER party if the judge feels that they are BOTH acting like babies.

If one or both parties can't come up with anything that they would be "happy" with, the uncooperative party/parties are most likely going to REALLY dislike what the judge comes up with!

 

[GrowUp!]

What is the name of your state?VA

Sorry I got kicked off line, we are having a storm here.

My question was if there is a mediated agreement on visitation between the CP and the NCP for summer and no matter what the NCP parent ask for the CP says no will the judge take sides or just make a judgement and set the dates up in a way he thinks is fair?

Thanks

What are the issues still up in the air?

 

[silverwolf]

Thanks

If the parents can't agree on their own, the judge will. As far as "fairness" goes, the judge may try to be fair to both parties, the party that is NOT being difficult or to NEITHER party if the judge feels that they are BOTH acting like babies.

If one or both parties can't come up with anything that they would be "happy" with, the uncooperative party/parties are most likely going to REALLY dislike what the judge comes up with!

Thanks for your reply.

 

[silverwolf]

Thanks

What are the issues still up in the air?

When the mediated agreement was drawn up I took for grantite that the mediator was being honest and working for both of us. When we desided on the summer visitation for myself we agreed I would get her for four weeks up until this year now to go to five weeks. Even the father said he felt this was fair because he would have her during the school year when she started school. When the first summer visitation came around he ask me for a date and I so gave him one. This is when all the problems began. Because there is nothing writen in the agreement saying "consecutive weeks" He desided he needed to break them up into a week here and there. The next year not wanting to have to go to court I went along with this and gave him four weeks all divided out between three months. This was not good enough for him either, he desided he would pick the weeks and if it would not work for me I just wouldnt get her at all. Due to the fact I was working third shift waiting tables in a truck stop I didnt have many opptions. I ended up loosing the job in order to see her last summer. Lucky for me I managed to beg and get the job back. This year its the same, I am suppose to have her five weeks and nothing I have ask for has been good with him. I am sick of this so I am taking it to court for a modification if he doesnt do it first. Again he has been treating me for a little over a month now about visitation and child support. I am willing to take what ever the judge gives me as I am out of work and can go with what ever. I guess this is the only way to at least get the dates in writing.

 

[ceara19]

I would like to hear what the Judge tells him when he explains that he should set the dates and you should be happy with it or not use the time he gives you! If he tries to use the excuse that it is inconvenient for him to have a set schedule in writing and signed by the judge, there is a very simple solution that judges often use so that the parent would only be minimally inconvienienced. It's called a "Change of Custody". Then he won't need to worry about coming up with a visitation plan that best suits HIS needs!

 

[silverwolf]

Thanks you.

I would like to hear what the Judge tells him when he explains that he should set the dates and you should be happy with it or not use the time he gives you! If he tries to use the excuse that it is inconvenient for him to have a set schedule in writing and signed by the judge, there is a very simple solution that judges often use so that the parent would only be minimally inconvienienced. It's called a "Change of Custody". Then he won't need to worry about coming up with a visitation plan that best suits HIS needs!

Thank you for such a positive reply. This is some what the same thing that I had been told by a friend that ask her lawyer. Because I have applied for disability and have a doctors letter stating that I am more that capable of taking care of my daughter I think that almost anything can happen. I suppose he could try and change his story once in court, but I have all the certified letters he sent me plus each and every phone conversation on tape. Over three years I have 27 taped conversations that will make you hair raise. Again thanks for your input and I will have to post what ever happens in court. I have a appointment with a lawyer today so with a prayer and a little faith in the system maybe things will get better.

 

[NotSoNew]

you need to file to have the order modified to include more specific wording if this is how dad is going to be.

for instance "NCP shall have 5 consecutive weeks in the summer to bein no latter then XX and to end no later then XX. NCP shall advise CP of weeks XX amount of days in advance"

etc, etc, this is why it is advised to have very specific wording in orders so there is no room for this kind of crap.