Court ordered for the Dad to have "Supervised Visits" at the children's daycare from 2-5. That was in 2005. Since then, the oldest is now in school, and can't visit until 3:00 due to school, and they are no longer at the daycare because the Mom's schedule changed.
The mom proposed to meet at Mc Donalds, with her or a third party supervising his visit from 3-5, due to school which can no longer be from 2-5.
The Dad "agreed" to this written down and signed by both parties.
As long as they agreed, and they have been doing it for a year, the judge should have no problem with it right?
The dad only comes like once a month and it's only when it's "Convenient for him"
Please only honest, nice, respectful answers, all others will be ignored.
The mom made a reasonable solution so he can visit, and if he didn't agree they could have gone to court but since they did agree there was no reason to go to court.
What if they STOP agreeing on it or a problem arises?
2007-10-10 02:32:46 · 5 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
"The mom proposed to meet at Mc Donalds, with her or a third party supervising his visit from 3-5, due to school which can no longer be from 2-5. The Dad "agreed" to this written down and signed by both parties."
Based upon the agreement and the circumstances the court would not have a problem with this part of this issue.
"What if they STOP agreeing on it or a problem arises?"
If a problems arises where there is no resolution between the parties involved then the case could be readdressed with a motion before the courts.
"The dad only comes like once a month and it's only when it's convenient for him."
The courts normally view this as a situation that is the result of the party who decided to visit or not visit. As an example, if I decide not to visit during my allotted time...that's my fault. You aren't required to make up for that missed time! It looks better on your behalf if you provide make up time, however, if you do, insure you document that in case there is litigation down the road!
If you have further questions, feel free to email me directly.
Best wishes.
2007-10-10 03:24:42 · answer #1 · answered by KC V ™ 7 · 2⤊ 0⤋
To answer your first question, so long as the parents can come to an agreement, and it is not obvious that some other arrangement would be in the better interest of the child, most courts will be willing to formalize an agreement that the parents have already reached.
As for the second question, if they stop agreeing, it's up to one parent or the other to bring the situation to the court's attention. At that point, the court will consider the situation and determine a new agreement, as if the old one had never existed. Either parent's behavior in honoring the old agreement, however, might be taken into consideration.
For example, if the child is no longer available from 2-5, but only from 3-5, the court will probably rule that Dad can see the kid from 3-5. The fact that he was able to see the child for a longer period in the past has no bearing, it's what's in the best interest of the child that matters.
If (hypothetically), however, the mom didn't make the child available in the past from 2-5, that would be taken into consideration. Likewise, if the dad only showed up once a month in the past, but is now clamoring for longer visitation, the fact that he didn't use much of the visitation he had in the past could be taken into consideration.
But neither parent has any "right" to something just because it was part of some previous court order. Everything starts fresh.
2007-10-10 09:51:16 · answer #2 · answered by El Jefe 7 · 2⤊ 0⤋
Then it will be time to go to court. As long as any mutual agreement between the parents is still in the child's best interest, the judge will normally go along with that agreement. However, if the agreement particulars change and the agreement is no longer honoured by both parties, then the court will intervene and adjudicate. Again, the court decision will be whatever is in the best interest of the child. Remember, the court cannot help you unless you advise them there is a problem. Good luck!!
2007-10-10 09:46:04 · answer #3 · answered by Penguin_Bob 7 · 1⤊ 0⤋
If they were to stop agreeing then I would go to court and get it worked out. If there is a paper signed and agreed upon for the time being hope it works out for them and continues to for the childrens sake.
2007-10-10 13:29:49 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Dad seems to be abusing a gentleman's agreement. Seems time for court action.
2007-10-10 10:12:30 · answer #5 · answered by .. .this can't be good 5 · 1⤊ 0⤋