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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 26167
Experience:  Began practicing Family Law in 1992
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We are not sure what to do about a visitation disagreement.

Customer Question

We are not sure what to do about a visitation disagreement. My husbands children live in VA with their mother, we live in OR. He has joint custody and the children usually visit us in Oregon around 8 weeks out of each year. Recently we have been able to visit the children a couple of times in VA. The mother has just recently allowed this and often pulls games and takes away part of the visitaion or changes up the rules of allotted time at the last minute and claims ignorance to the previous agreed upon terms even though we have proof in email. We have tried to avoid going back to court in an effort to "do the right thing" and just get along. We just try to gloss over when she changes the rules on the fly. Recently in the last four or five months we learned our son was going to play at carnegie hall and we let our son and his mother know right up front from the begining we were planning to fly out as well as want to see the children. There were a few discussions on the matter. She seemed perfectly fine with the situation. We also payed for nearly all of his trip. All of a sudden just four and a half weeks prior to the trip when we are trying to firm up plans to spend just a small amount of time with the children while there (he has a 12 year old daughter that will be attending as well) she states we can not see them. She won't give up any time. She won't even allow us one out of the three nights or a meal with them. There are no criminal or abuse reasons for lack of visitaion. We often travel with the children when we have visitation. Do we have any recourse? She is also taking our daughter out of school for this trip. She has always denied the children to miss any school for our visitation. She wouldn't even allow our son to miss one day of kindergarden for our wedding. Help? What to do? Is there any quick way of getting a courts help? Can she take our daughter out of school whenever she wants but turn around and say she can't miss any school for our family? Is a night or a meal when flying cross country absurd to request? Esp when making our intentions clear for months.
Submitted: 3 years ago.
Category: Family Law
Expert:  JD 1992 replied 3 years ago.
Your requests are very reasonable and it is extremely likely a judge will side with you on this issue. The only way to force anything is to go back to court and as long as you are going to do that you may as well seek extended visitations. You can ask for emergency orders to get the case heard quickly and get visitation during the NY trip. As far as the issue of taking the children out of school for things, there is no way of predicting how a judge would rule on that since it will depend entirely on the judge themselves. The attorney you hire can give you a good idea on whether or no to press that idea when you find out which judge will be hearing the case.



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