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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42180
Experience:  30 years as a family law lawyer .
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i have primary custody of my daughter and her mom ...

Resolved Question:

i have primary custody of my daughter and her mom visitation. She is trying to increase her visitation to every weekend versus every other weekend. I do not think this fair since the weekends are time for me to do things with her aside from school work and gettiing to bed etc during the week. what are her chances of getting every weekend.
Submitted: 9 years ago.
Category: Family Law
Expert:  RayAnswers replied 9 years ago.
Thanks for your question. this is how I see it from the facts that you present. I think you should consider compromise here. How about one more weekend a moth here. Thats middle ground.

With a shrink/couselor on mom's side I think you may loose here. Courts in general favor liberal visitation. for some reason they have a soft spot for a teen daughter with her mom. I see the court giving her at least what I am suggesting you offer here.

I just think this is a battle you can't win here. That counselor really troubles me, she could hurt you a lot here, that old best interest stuff would fall under here testimony here. sorryI wish that I could give you a better answer here but this is not a good picture that you present..

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.


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Customer: replied 9 years ago.
Reply toCustomers Post: the child just turned 9 last week. the counselor said she does not "do court" so i guess only her notes could be used. does the fact that she is not a licensed psychologist and a social worker have any effect on whether her notes could be used? I the counselor just saw mom today (for the first time) and does not know her at all but feels she should get her every weekend, and has only seen the child 3 times, but never mentioned this any other session. If mom has never been involved in childs life except for her weekends (I send her schedules of ball games , soccer etc and she has not shown up in 3 years) or come to any school functions why is it in her best interest? will a judge consider my family (wife and 2 kids) family time on the weekends \? She gets her over the summer with me getting every other weekend and only 2 weeks. She agreed to this arrangement last year in front of the judge.
Expert:  RayAnswers replied 9 years ago.
Well my concern here is that there is one professional here in favor of it. I hear what you are saI do. This is a little younger child than a teen, say a pre teen. But you are arguing because a mom here has been a bad mom she shouldn't have more visitation.

I don't think that you can win on that argument. The fact that this has only been a year ago since agreed visitation may help you here some. If you were my client or my friend I would tell you to make a deal here for one more weekend and save your money.

I understand that you have legitimate reasons for arguing against more visitation but generally courts will grant a request such as this when the counselor is in favor of it.
I very well think the court would split the difference here and give her one more weekend...

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.


RayAnswers and 2 other Family Law Specialists are ready to help you