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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 40996
Experience:  30 years as a family law lawyer .
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My children's father and I had a notarized agreement for

Customer Question

My children's father and I had a notarized agreement for visitation, then he began disregarding that schedule and attempting to visit during different and random days/times. I did let him see them a few weekends, but then he began being disrespectful towards me and trying to control the situation when my own schedule couldn't be made to work with his demands. We went to court last year because I filed a contempt order against him for not bringing the children back when he was scheduled to. After I stopped giving in to his demands he told me that we no longer had a visitation agreement and that he would see the girls whenever he wanted and was convenient to him, not me. When I disagreed and told him at that point he could take me back to court but would not be seeing the girls until that happened, he stopped contacting me for a few weeks and instead called CPS and made false allegations against me. We've handled CPS and the case is closed but now he's demanding to get the girls during his original scheduled visitation. Since he's said himself that this visitation schedule is no longer valid, do I have to allow him to come get my children during the originally agreed upon days and times?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Alabama
JA: Has anything been filed or reported?
Customer: Originally we typed an agreement ourselves and had our county clerks office notarize it and have it filed at the courthouse. Also, last year I filed a contempt of court order when he didn't bring the girls home when he was supposed to 3 weeks in a row.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, thank you
Submitted: 2 months ago.
Category: Family Law
Expert:  RayAnswers replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 2 months ago.

You are legally obligated to follow the schedule you agreed to.If he returns the kids late or tries to deviate then contempt is your remedy.You want to follow the schedule exactly as it exists until modified in court.Otherwise you are safe following the visitation schedule to the letter and no deviations here in Alabama.Regardless of what he said the schedule exists for the protection of both of you and don't allow any deviation here.As long as you do that you are fine and if does so you can show a pattern for contempt.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 2 months ago.
if by our agreement he was scheduled to get them yesterday and did not am I obligated to meet him today and allow him the rest of his visitation? Or has he forfeited his right to the visitation this week by not picking them up at the scheduled time?
Expert:  RayAnswers replied 2 months ago.

If he failed to pick them up at designated time then he misses and you wait until the next scheduled time.Again don't allow him to deviate at all here, it just causes problems in arguing contempt.Follow the agreement to the letter and you will be fine.No make up here, either he shows or he doesn't get the kids.

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