Curiouswife
member
Reged: 08/02/05
Posts: 122
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i think i have been asking my questions to the wrong people...maybe this section will help me better.
my husband's ex (girlfriend) has been denying him to see his son for 5 years. he's 6 now....just recently she came to visit us....out of the blue. she said that he got diagnosed adhd and bi-polar and the counseler suggested she take him to visit his dad and that he needs his dad in his life.
so now we want visitation since she seems like she will cooperate. my husband and his son get along GREAT and we have a baby boy so he has a brother now.
any body have a similar situation....and any advice. what if she does not cooperate with us and we have to go to court/lawyer or whatever...is that expensive??
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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If you have an agreement, it can be memorialized as a Stipulation and Order and filed with the Court. That would make the agreement enforceable.
The exact nature of the Stipulation and Order would depend on whether paternitywas established and whether there is any existing court file.
It is likely that you will need a lawyer either way. However, it should be relatively inexpensive if you have an agreement.
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Bolivar
journeyman
Reged: 06/09/05
Posts: 63
Loc: OHIO
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Most counties have forms on the web.
Non-Custodial parenting time is listed something like Standard Visitation / Standard Parenting orders / Non-custodial orders.
Of course Maury “is the man” and his opinion is rock solid. [Despite the fact no one knows how to pronounce his last name.] heeee heeeeee :-)
My $.02 If the parents can agree on a schedule and stick to it by all means try. On the down side, if after 6 months things aren’t working out, file a motion. Then there will be a history of 6 months parenting time to show the court.
BTW, is he paying Child Support? If he isn’t and she is on government help then he will be responsible for paying back the money. Thought you might like to know.
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 Rebecca5
Carpal \'Tunnel
Reged: 06/02/05
Posts: 11697
Loc: Down home.
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It helps a lot, in forums like this, to give important details. It helps give the people who are responding a clearer picture of the situation, so everyone (especially you) doesn't spend a few days spinning their wheels.
What's important is that: they were never married and have no existing court order that dictates parenting time, dad moved to Kansas (I think) when the baby was 3 months old and mom remains in MN (or somewhere up there in the tundra), dad was delinquent for a time on his CS but is making an effort to catch-up, mom denied parenting time (on and off...child as a pawn) for the child's first year of life and since then hasn't had much (if any) contact with dad.
Mom evidently has her hands full and has contacted dad for some support....smart move, it sounds like. This kid needs some serious rescuing before he's lost in the meds and becomes another statistic.
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eranmsy
newbie
Reged: 05/20/05
Posts: 25
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i dont know maury but he is right on. now is the time to file an agreement with the court. its not hard. u can get the form online or at one of those office supply stores. write down EXACTLY what visitaion u agree too. leave a little wiggle room for unforseen circumstances like "the non-custodial parent will have the afore mentioned in addition to other visitation as agreed upon by both parents". u sign it, she signs it and u walk it down to the clerks office and get the judge to sign it, making it a enforceable order. hopefully, u will never have to get this order enforced because it aint easy. without the order it is impossible...good luck.
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