A question about my divorce decree.

[starr125]

My divorce decree states that I have "Sole care, custody and control" of my daughter and ex has "reasonable visitation". What exactly does this mean? Is "reasonable visitation" considered as every other weekend and a month during the summer? Or does it mean what I, as the sole custodian feel is "reasonable"? No times or dates whatsoever are included. Thanks.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by starr125:
My divorce decree states that I have "Sole care, custody and control" of my daughter and ex has "reasonable visitation". What exactly does this mean? Is "reasonable visitation" considered as every other weekend and a month during the summer? Or does it mean what I, as the sole custodian feel is "reasonable"? No times or dates whatsoever are included. Thanks.<HR></BLOCKQUOTE>

My response:

That Order, if written as you say, is outrageously "ambiguous."

I would agree that your example is "reasonable" visitation; however, with such an "open ended" Order, and depending on your whims, feelings, or emotions, at any particular time, you could change that visitation schedule. In doing so, that could really make the father upset, and cause you all to wind up back in court. Who drew up that Order? An Attorney? Unbelievable.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[starr125]

Why do you think I am lying? My divorce decree *does* state everything I said it did in my previous post. And, yes, I did have an attorney. I am just confused as to what leg I have to stand on where visitation is concerned, since it is not stated. Judging by your reaction, I guess not many have a decree written this way?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by starr125:
Why do you think I am lying? My divorce decree *does* state everything I said it did in my previous post. And, yes, I did have an attorney. I am just confused as to what leg I have to stand on where visitation is concerned, since it is not stated. Judging by your reaction, I guess not many have a decree written this way?<HR></BLOCKQUOTE>

My response:

I'm sorry that you misinterpreted what I was saying. Not that you are "lying" rather, some people who write to this site don't quote everything exactly.

Under such an open-ended order, you are the one exclusively "calling the shots." However, all I was saying is that such an order gives too much power to one person - - that's all. I just don't like such "ambiguous" and "open-ended" orders, because orders like that cause parties to it more court appearances and costs in the future. One of the parties, and in your case, the husband, is not going to like how you may wield your power, and cause the both of you to wind up back in court.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[starr125]

Thanks for your response. I guess maybe I did misinterpret what you were saying. I can see your point, but in my situation, my ex *agreed* to everything and signed on the dotted line, so he has no one but himself to blame.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by starr125:
Thanks for your response. I guess maybe I did misinterpret what you were saying. I can see your point, but in my situation, my ex *agreed* to everything and signed on the dotted line, so he has no one but himself to blame. <HR></BLOCKQUOTE>

My response:

That is a correct statement.

However, like I said, it's ambiguous. If, at some point in the future, he decides that your definition of "reasonable" is different from his, expect to go back into court, and have the order modified. This is quite costly for all persons involved, and the attorneys for both sides could have easily foreseen this. If your ex-husband feels that you're holding this over his head, for whatever reason, at any time in the future, you can be sure that you'll be seeing a judge over and over and over again - - all because some knucklehead attorney decided to include an ambiguous clause; i.e., without defining what is "reasonable" between the parties.

Good luck to you.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 01, 2000).]