Interstate Visitation

[LMarie]

What is the name of your state?What is the name of your state? CO

BM will not send child for visitation unless BF signs a stipulation stating that the BF agrees not to file "any papers, documents requests or any other type of filing with the court system including by not limited to request for modification of parental responsibilities, custody, emergency orders of protection"

Is this legal?

Thanks

 

[stealth2]

What do their orders say?

 

[LMarie]

The child's maternal granparents have legal custody. One parent lives in Colorado, one parent lives in a different state with the child and the maternal GP's live in a third state. Visitation is:

GP's "have discretion to allow visitation and/or between the child and the Biological parents."

this is the only order in effect.

 

[stealth2]

Well, Mom can ask Dad to sign anything she pleases, and he can sign it. Doesn't make it legally enforceable. So he could still file whatever he wants.

 

[LMarie]

I did not think it was possible for someone to sign away all legal rights to using the court system.

 

[stealth2]

Of course, the smart thing for him to do would be to simply file for specific visitation times. He'd have to do that in the state holding jurisdiction. However, considering the bizarre custody situation, he'd be best served using an attorney to do that.

 

[LMarie]

He has had several initial consultations with attorney's - they want anywhere form $3000-$5000 retainer to take the case. So he is saving. Also the original order is in Colorado but the child lives 2300 miles away. He is trying to maintain contact but they are making it very difficult.

 

[LdiJ]

Unfortunately the orders that are in place allow them to be difficult. Visitation is completely at the discretion of the grandparents.

They have an obvious fear that if he has unsupervised visitation with the child that he will attempt to keep the child by filing petitions of some sort....therefore, they are trying to find a way to give him visitation, yet at the same time be certain that he WILL voluntarily return the child.

 

[haiku]

if it is the grandparents who have the legal custody, why is it the MOM who asking for this agreement?

 

[LdiJ]

if it is the grandparents who have the legal custody, why is it the MOM who asking for this agreement?

Good point...I was assuming that she is asking on behalf of the grandparents.

 

[LMarie]

Child lives with mom in Florida. Grandparents live in Arizona, Dad lives in original state - Colorado
Mom claims shis is the "legal temporary custodian" of the child (no court orders to this effect).
Child has always been returned voluntarily