Child Visitation

I live in Florida. I am the non-custodial parent of a 6 yr old. I was seeing my kid every other weekend and once a week during the weekdays. The court record affords me only every other weekend, though.

I want to have the weekday put into the court-order but my ex doesn't want that because she wants that day to be flexible. Normally, I wouldn't mind but I feel that I need to have it all in the court-order to protect my visitation (<---I hate that word)rights. Since she won't agree to a fixed weekday visitation should I petition the court for every weekend ?

I need to spend more time with my kid. Please help.

[LegalBeagle]

You can not have every weekend... but you can petition the courts for more time elsewhere..



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Psst.. I am not an attorney, and even if I was, I would not tell you. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.

What do you mean ? Are you saying that the law prohibits me from getting every weekend ? Please elaborate.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b]You can not have every weekend... but you can petition the courts for more time elsewhere..

[/b]<HR></BLOCKQUOTE>

[MySonsMom]

I think what he is saying is that unless your wife agrees to the every weekend, they won't grant it...as it wouldn't be "fair" to your wife to not have any weekend time with the child..that is normally the only "good" time that you can plan things with the kids...if she agrees to that then that's a different story..but if not your chances of every weekend are slim. You can most certainly petition the courts to have the mid week visitation included in you decree..

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**MySonsMom**
~There is no love like the unconditional love of a Mother~

Thanks for the advice. A father shouldn't have to fight a child's mother for the right to see his kid. The courts should understand that there is also no love like the unconditional love from a Father.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MySonsMom:
[b]I think what he is saying is that unless your wife agrees to the every weekend, they won't grant it...as it wouldn't be "fair" to your wife to not have any weekend time with the child..that is normally the only "good" time that you can plan things with the kids...if she agrees to that then that's a different story..but if not your chances of every weekend are slim. You can most certainly petition the courts to have the mid week visitation included in you decree..

[/b]<HR></BLOCKQUOTE>

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by My_Kids_Dad:
[b]Thanks for the advice. A father shouldn't have to fight a child's mother for the right to see his kid. The courts should understand that there is also no love like the unconditional love from a Father.
[/b]<HR></BLOCKQUOTE>

Money = Rights

If you have the money, you can easily get your rights.. In the perfect world you are correct, you should have not have to fight each step of the way.. unfortunately, that is why CP are so 'powerful' providing they do not break any court orders.

Just an idea, why dont ypu wait untill she denies the midweek visitation to take her back to court?If things are going smoothly why tamper with the situation and create hostility? (if you are getting what you want anyway, let her feel like shes in control if thats what she needs )

She has already denied me a weekday visitation. She did that to me a few weeks ago because she was mad that my car broke down the week before and I didn't find a cab to drive crosstown to pick up my kid. I've since then bought a new car but I can't live under her control like that anymore.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by whoswho:
[b]Just an idea, why dont ypu wait untill she denies the midweek visitation to take her back to court?If things are going smoothly why tamper with the situation and create hostility? (if you are getting what you want anyway, let her feel like shes in control if thats what she needs )[/b]<HR></BLOCKQUOTE>

[LegalBeagle]

Then file a petition for an increase in visitation.. it is your only option.



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Psst.. I am not an attorney, and even if I was, I would not tell you. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by My_Kids_Dad:
[b]She has already denied me a weekday visitation. She did that to me a few weeks ago because she was mad that my car broke down the week before and I didn't find a cab to drive crosstown to pick up my kid. I've since then bought a new car but I can't live under her control like that anymore.

[/b]<HR></BLOCKQUOTE>


Just one?

I can just see it now!

YOU: Your Honor, I can't have my life in an uproar, she denied me visitation on the weekday.

JUDGE: She denied you court ordered visitation?

YOU: No, no. This is outside of the schedule.

JUDGE: OK, How many times has she refused you access outside of the schedule?

YOU: Well, just the once your honor, but I thought I should nip it in the bud.

JUDGE(to your ex): Why did you turn down this visit?

EX: Well, your honor, his car has been faulty and I was concerned about my child getting home at a reasonable hour. Furthermore, I hardly think it's fair that he is dragging me to court over only one missed visit which was outside the schedule to begin with!

JUDGE: I'm afraid I have to agree. Would you like attorney fees recompensed also?

Not that it necessarily would go down that way. But please reconsider before dragging your ex to court over something minor! That is [i]if[/i] it was just the one time.

Tig


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I am not a lawyer. Any information relayed is merely my own experience or research.
[b]In Egypt, Cats were once worshipped as gods. Cats have never forgotten this.[/b]

[i]"PRINCESS, HAVING HAD SUFFICIENT EXPERIENCE WITH PRINCES,SEEKS FROG."[/i]