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Communication after divorce & Custody
Anonymous7 views6 answers
My sons father and I have a court agreement stating he will visit one WEEKEND a month and if he is to come any other time it will be with a 14 day notice and it isn't to interrupt my sons schedule nor mine. I have been allowing him to come during the week and taking my son out of daycare which I am paying for. I decided that I am no longer allowing weekly visits and only weekend because technically it is interrupting my sons schedule. Am I allowed to deny weekly visits for that sole reason alone? He has a lawyer so I am just trying to follow our agreement as much as possible. I also have limited contact with him and asked for someone else to contact me when he decides to inform me when he is coming to town. I believe I am not doing anything against our agreement but still am not sure.
The daycare cost is most likely included in the child support calculation. Also, it seems that when you use a technicality to deprive a father of the ability to see the child that you and he have together, then you are just being mean and attempting to give the father a difficult time in contacting the child. If the father is making an effort to see the child, then you should be happy and encourage same. If you fail to do so, then it would seem to be something that could be used against you in a future court proceeding if the father attempts to modify the court agreement as you are not the parent who is going to encourage a loving relationship with the other parent.
You should have an attorney look at the agreement. Your understanding and a lawyers could be completely different. Plus, the lawyer should know what the judge assigned to your case is like. You usually would be completely safe following the agreement. Flexibility is usually expected with these agreements, particularly for out of state parties time-sharing; but every judge is different every case is different.
I totally agree with the first answer. Rigid enforcement of your agreement does usually look good to the court. If the father complained to the court, you would have to explain how the child's day care schedule was interrupted.
With all due respect, I think you know that it is not right to deprive the father of time-sharing with your child, particularly when he has only one weekend a month by the agreement, which is not enough to foster a father-son relationship. I do not know how old the child is, but he is in daycare, which makes it difficult to understand how his schedule could be "interrupted". You seem to have come to the conclusion that it would be "technically" interrupted, and i think court would agree. It is in your son's best interest to have continuous and meaningful contact with mom and dad.
Did you have a lawyer for this agreement If so there is where the question is best directed. You have an absolute right to insist on strict compliance with the agreement, This visitation pattern seems rather restricted and there must have been extenuating circumstances for the restrictive visitation you describe. That said you have set a pattern allowing extra visits. if this interruption is technical as you state and unless there is any harm to your son is there really a problem?? this is why you need to speak to your atty.we don't have enough facts to properly analyze what is obviously a complex matter.
