Legal Advise for Visitation
Posted in the Charleston Forum
#1 Jan 9, 2013
I'm getting a divorce and have a child. I have been advised that I will receive the standard visitation of every other weekend, shared holidays, and four weeks in the summer. My soon-to-be ex is already telling me that she will petition the court to be granted that our child attend every community and church activity. These activities will be during all my scheduled visitation, as they are every single weekend. I have no problem taking my child to specific activities in which my child would be personally involved; however, every activity? Considering our child will be residing with her where she gets our child during every week and every other weekend, can the court (and her) dictate my personal visitation with my child?
#2 Jan 9, 2013
ALL Parents are now on a schedule of 50-50. Parental time is equally valuable from BOTH parents, unless a Judge determines a different need for the CHILD.....ALL responsibilities for parenting are EQUALLY Divided by Legal Standards.
#3 Jan 9, 2013
she sounds like a controlling 'b'.... i would see this as a violation to your visitation. it's one thing to take your kid to a participated activity but another just so she can still be with them during your time. call a lawyer!
#4 Jan 9, 2013
There are a lot of factors in visitation. You are not automatically granted 50-50 visitation as MsKamish says. The age of the child is a big factor. Where each of you live is another. There are several factors, it's not just a given.
If you can't afford an attorney, they are expensive for divorces, just get your p's & q's in order. Get all your documentation and financials together...and remember, this is about the child, not her, not you and not about control. The child is not a pawn. The Judge can normally figure out who's in the right and who's in the wrong, but be prepared for anything from her.
And just remember, don't piss the Judge off.
#5 Jan 10, 2013
IMO, I don't see how a Judge can mandate you to take your child to these functions during your "special" time. Now, if your child is in the church play and that play is held during your scheduled visitation, then you need to take them. That goes for sports, clubs, etc. However, just an event where your child would just sit and not participate, you (and your child) would be losing out on precious one-on-one time. You could be at a movie or a camping trip making memories! I just don't think a Judge (or your ex) has that kind of authority! Check with an attorney - most do first initial FREE consultations! Best of Luck!!!
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