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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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My fiancée and I are negotiating a visitation agreement to

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My fiancée and I are negotiating a visitation agreement to see my children with my ex-girlfriend through our attorneys. In our proposed visitation agreement, my ex has demanded that she is allowed to enter our vehicle only if my fiancée. If my fiancée is not present, it states that my ex does not have permission to enter. This seems ridiculous!! It's obviously not about creating less drama but about my ex's vendetta for my fiancée.

I feel like my lawyer just wants to settle my case. However, I find this demand absurd. Would any reasonable judge agree to this demand? Since I have explicitly stated to my ex that she does NOT have permission to enter our vehicles, can I call the police if she trespasses?

Brandon M. :

Hello there.

Brandon M. :

Good evening. Are you able to see this and respond?

Customer:

I can see this now (had to switch browsers). But I don't see your answer anywhere.

Brandon M. :

No problem. This might take a bit of discussion, so I wanted to engage in "chat" rather than just give a straight answer. Thank you for your patience.

Customer:

Of course, thank you so much.

Brandon M. :

You first ask whether any reasonable judge would agree to this demand. The answer is "yes". First, if both parties agree, the courts are usually very reluctant to disrupt that agreement. If they say it works for them, a court will normally not get in the way.

Customer:

Okay, that makes sense.

Brandon M. :

If the parties don't agree, it's much less likely that a court would make that sort of imposition, but the court has latitude to order most anything that is in the best interests of the children, and sometimes that has some silly-looking results. If the other parent could rationalize it to the court, the court could still adopt it.

Customer:

I see. :-\

Brandon M. :

You kind of have to consider which battles you want to fight. I don't know the entire history of your case, but I can see how an attorney might say "just go with it" for something like this. Again, I'm not defending your attorney--I'm just saying that I can see how it might make sense in some circumstances.

Customer:

Yeah, we want the exchange process to go quickly. My ex gets inside the vehicle and spends an excessive amount of time hooking up one of my sons in the car. They are both 8 and normally get inside the vehicle on their own. We have no problem with her coming out to the car. We just do not want her to enter out property. She also comes out yelling at me. More recently, she came out with an audio recording hoping to "catch us" saying something bad. We don't want to agree to a visitation proposal that is going to allow her personal access to our vehicle (especially when we ourselves have a baby on the way), and be stuck with this for 5-10 years.

Customer:

I just wanted to get a second opinion as to how likely a judge would be to grant her permission to enter our vehicle, if we do not agree to this proposal.

Brandon M. :

Custody orders can be modified any time there is a material change in circumstances. If the order doesn't work out, you don't have to wait 10 years to get a new one.

Customer:

That's good at least.

Customer:

Thank you for your help and for taking the time to clarify things in chat.

Brandon M. :

Certainly.

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