Velvet
recently joined
Reged: 04/11/07
Posts: 3
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My ex will not let me see my son. She is constantly coming up with excuses why she won’t setup visitation. I understand that he must see his doctor once a month for his ADHD (he lives in another state), so I shortened the summer visitation from 6 wks down to 4wks. But I am wondering do I really need to do that? Now I just need a schedule as my custody papers say reasonable visitation and the ex is making excuses. The ex is due to come down here and see our other child in May. If I could get her to agree to a visitation schedule in May while she is here and have her sign it in front of a notary...is it then considered a contract that is legally binding? Should I send a copy to the court? Any advice will be appreciated. :)
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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A notarized letter is worthless . Your situation is quite complicated , depending on how long the child has lived in the other state , it's possible that Tenn. no longer has jurisdiction over visitation matters . You can petition Tenn courts for a modification to your original order and let both states argue about which has jurisdiction .
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Careful. We don't want to learn from this.
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Velvet
recently joined
Reged: 04/11/07
Posts: 3
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I was told by the court that did my divorce (its been modified twice now) that since there is no jurisdictional statement and that it could go to either court. I wanted to use the court as the last resort as it is very costly and creates more hostility. Is there a way to enter into a visitation schedule and have the court recognize it without having to go to court?
Edited by Velvet (04/11/07 12:25 PM)
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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"Is there a way to enter into a visitation schedule and have the court recognize it without having to go to court? "
>>>>>>>>>>>>>Mediation
If she is denying visitation you can petition the court for relief and ask she pay any legal fees .
(a) A parent, who has been victimized by the other parent's intentional violation of § 36-6-502(a) on two (2) or more occasions within any six-month period, may petition the court having jurisdiction over the order of visitation for a finding that the other parent is not in compliance with an order of visitation; provided, prior to the most recent violation, the victimized parent must have notified the other parent, by certified mail, return receipt requested, that subsequent violations of the court-ordered visitation shall be subject to sanctions authorized by this part and a copy of such notification must have been filed with the court. The petitioner shall include with the petition any information concerning a license held by the other parent and covered by § 36-6-511. A notice shall be served on the other parent together with the petition. Such notice shall state that:
(1) The parent may request a hearing to contest the issue of compliance;
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Careful. We don't want to learn from this.
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Velvet
recently joined
Reged: 04/11/07
Posts: 3
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Thanks for the info =)
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angelrn
recently joined
Reged: 06/10/08
Posts: 1
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Does anyone know if there is an age where the child may make up their own decision as to whether to go or not? My son is 14 and my ex has always been controlling and sometimes just plain mean to him. My son does not want to go on visitation with his siblings does he have to?
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M5M5
Carpal \'Tunnel
Reged: 07/29/05
Posts: 11736
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Yes he does. He will not be allowed to make his own decision until he is 18 years old. Until then, he (and you) must follow the court order. Sometimes we all must do something we do not want to do.
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