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Can I deny my mother in law from attending my mediation? FL…

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Can I deny my...

Can I deny my mother in law from attending my mediation?

Lawyer's Assistant: Family law varies by state. What state are you in?

FL

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Yes

Submitted: 8 months ago.Category: Family Law
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Answered in 2 minutes by:
9/26/2017
Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,564
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

Good afternoon. Is your mother in law a party to the lawsuit? If not, why would she be present?

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Customer reply replied 8 months ago
My wife is insisting she be present for everything, including being with my children even though there is no court order that states I have to be supervised.
Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

Thank you for the reply. Yes, you can object and if her mother is present, you can ask the mediator to speak with her and ask her to leave. If she is not a party to this, she has no reason to be present and if you feel her presence will prevent anything from being mediated and a resolution, you can share this with the mediator and they can ask her to sit outside and only be present, when your wife and the mediator are speaking. Moreover, if there is no court order in place, you are allowed to have the children alone, on your time. If she wants her mother present on her time, she can but you can not be forced to have her around and present when it is your time with the kids. The courts are open to the public, so there is no real issue if the mother wants to come to court but mediation is not something that is made public, so she can be asked to leave.

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Customer reply replied 8 months ago
That is good to know. Thank you for answering that question. I only have one more question concerning this case and that has to do with my children and these 'supervised' visits. My wife nor her lawyer have given me a valid reason as to why I have to be supervised when seeing my children. I am a Veteran of the U.S Army with 8 years in. I was honorably discharged from there due to injuries incurred during my deployment to Afghanistan in 2010-2011. I have been diagnosed with PTSD and Major Depressive Disorder. I have never been in trouble with the law, I have never hit my wife and although I discipline my children, I do it within reason, never to excess. I have never even been in trouble in the military; not once have I ever been reprimanded while serving. With all that being said, my lawyer informed me that the reason my wife insists on these visitations is precisely because of my PTSD. She informed her lawyer that she does not feel safe with me around the children on my own even though in the 7 years we spent married, not a single call or report of domestic abuse or assault were ever reported. Further more my children are intelligent, very well articulated, and bright and just by speaking to them you know they are not a product of domestic abuse. So with that information I ask you sir: Is she justified in keeping the children away from me just on 'insistence' without any probable cause whatsoever? I want nothing more than to see my children and spend time with them on my own and I cannot understand or fathom why this is happening. I agreed to her terms only to keep the peace, but not only is she supervising my visits, but her one of her family members always have to be there. I am not allowed any overnights with the children, and she says I can see them whenever I want, but it has to be within her parent's house and between the hours of 6 and 8. So please. I ask in kind sir. Is this justified?
Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

Did you agree to this? If not, did the Judge impose it?

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Customer reply replied 8 months ago
I had to agree to this because I don't know what else to do. I know my rights as a parent and every time I even suggest to have the kids alone, she pushes them into the house or her car and informs me that I don't have to answer you as to why and says you are more than welcomed to come in to the house and see the children, but she will always be supervising me. We haven't even seen a judge or have gone through mediation. This is literally the beginning of this divorce.
Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

If you agreed to it, you need to comply and follow the agreement. While there may not be a need for it nor may it be justified, you agreed to these conditions, which is why they were imposed. You did not have to and could have let the Judge decide, as to any temporary orders. If you now realize that you were taken advantage of and forced into this, you can go before the Judge and address it and see if they will agree to modify it.

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Customer reply replied 8 months ago
What would have happened if I didn't agree to those terms? Would that have looked bad on my case? Would a judge see it as if you truly love your children you would see them where they are regardless of the circumstances? I am unsure about this.
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