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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13326
Experience:  19+ Years of Legal Practice in Family law matters.
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Does a visitation schedule have to be followed to the "T"?

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Does a visitation schedule have to be followed to the "T"? My ex and I were ordered to exchange our child at the police station. We are supposed to exchange at 9am, she arrived at 8:55am and out of spite wouldn't give me my child. I try to minimize the amount of time I have to be around my ex because we have a very contentious relationship. When I drop off my child and if I am a few minutes early, I just give her the child. I am not petty
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing family law for 19+ years and look forward to assisting you.

That being said,

Does a visitation schedule have to be followed to the "T"? Technically, one can insist on it, or need not divert from the "T", as petty as that may be.

 

My ex and I were ordered to exchange our child at the police station. We are supposed to exchange at 9am, she arrived at 8:55am and out of spite wouldn't give me my child. I try to minimize the amount of time I have to be around my ex because we have a very contentious relationship. When I drop off my child and if I am a few minutes early, I just give her the child. I am not petty. I understand. Her pettiness is really another form of hurting her her child, because one of the most damaging aspect of a divorce that involves children, as I have seen, is when either or both parents can not behave in a mature and responsible, almost professional, manner, when taking care of the visitation aspects. But, in the end, if the order says she need not give up possession until 9 a.m., then that is what she can rely on. You'd have to get a new order from the Judge to amend it, if he is willing, to say something like, "if both parties arrive and it is not yet 9:00, the transfer must take place immediately, even if it is before 9:00." I don't think he will do it, however.

 


I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

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Alexia Esq.

 


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Customer: replied 3 years ago.

I forgot to ask you. Is there a way to prevent my ex from bringing her mother along at every exchange? Her mother is always making a scene and makes the transfer quite unbearable

Hi again,and thank you for your follow up. With regard to your next question:

I forgot to ask you. Is there a way to prevent my ex from bringing her mother along at every exchange? Her mother is always making a scene and makes the transfer quite unbearable.

Yes, but you need to motion the court. Explain the drama that always ensues and that it is clearly not in the best interests of the child/children to see the mother in law make such scenes. Clearly, she is not needed for safety reasons, since you ARE at a police station. If she inflames the already acrimonious relationship, let that be known, provide examples and ask that it be ordered that the mother not allow her mother to the transfer with her. (Strangely, the MIL lives in a free country and is not a party to the case, so she can technically hang out at the police station, separate from the ex - unless you get a restraining order of some kind.) If she is acting this way, it also makes me wonder if she is engaging in any kind of parental alienation. While she is not a party to your case, if she is, you could seek to have an order that the ex NOT allow the children around the MIL, given her emotional abuse of the children (parental alienation is generally a form of child abuse).

Just some food for thought. I hope you enjoy your holiday weekend. Be well,
Alexia Esq.
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Customer: replied 3 years ago.

That you for the excellent information