Visitation

Question: visitation? In general, in county jails. During visitation where there is a glass partition, and you use two way phones. Are they recording, or listening in. I know all incoming and outgoing letters are read. I was wondering about this because a buddy of mine wanted to talk to me. I told him not to at that time. W e retained an attorney, but the attorney wants to talk to us (family), before visiting my pal

Answer: That should automatically be assumed. Everything in a prison is monitored from the mail to the inmate activities. People have incriminated themselves during visitations and their conversations recorded. The attorney want to talk to you all before you visit your pal so he can clue you in on subject matter to refrain from discussing which can subsequently, ruin his case.

Question: Visitation? Do you have sole physical and legal custody and your ex is still allowed to have visitation?

Answer: yup allowed to visit...

Question: How does supervised visitation work when noncustodial parent lives out of state? I live in New York, and have a 14 month old daughter whose father lives in Pennsylvania. Her father has been diagnosed with a severe mental health disorder, and has been hospitalized in inpatient psychiatric units three times within the past 18 months. He has also been convicted of animal cruelty. I am fairly sure no judge would be crazy enough to award him custody either legal or physical, but am unsure of how visitation, especially supervised visitation would work with the fact that he lives roughly 6-7 hours away, any ideas?

Answer: you would have to travel with your daughter to go see him. although you may not want to see him, that is her dad and thats probably the only way she can see him is if you take her.

Question: What is law concerning child visitation to "where the parties may agree" in Michigan? In Michigan, if the parents have a visitation order "to where the parties may agree" and the custodial parent is denying visitation, what is the law concerning this? Furthermore, what is the penalty if any? Also, if court proceedings take place to have stipulated visitation, what would the non-custodial parent need to bring to and/or prove in court? Thank you for any and all help.

Answer: http://tinyurl.com/VisitationDenial2 http://tinyurl.com/VisitationDenialEvide… Go to Dads House in Yahoo Groups. There's a free manual there that will teach you all you need to know, and association with others involved in similar cases. http://Dads-House.org/ \\\\\\\\\\\\\\\\

Question: Visitation rights to grandparents when grandchild lives in another state? My nephew and his mother live in NC. My brother currently doesn't get to see his child because he owes back child support & the mother won't let him. My parents live in NY and were wondering if and how they could get visitation rights to their grandchild. They basically only see him twice a year and that's when the mother is getting along with my brother. How could they go about getting visitations a couple of times a year if they live in different states? Any information would be helpful. Thanks!

Answer: The U. S. Supreme court visited this problem in case of Troxel vs Granville.530 U.S. 57 (2000). The court said that grandparents don't have an absolute right to visit their grandchildren. The states have the right to set their own standards for when a grandparent may visit a grandchild. I suggest your parents consult an attorney who is familiar with NY and North Carolina law. The laws in most states give more weight to the wishes of the parents rather than the grandparents.

Question: How does a visitation schedule work for holidays? My ex-husband has visitation every other weekend with my children. He also gets alternating holidays. If the holiday falls on my weekend, would he then skip a weekend after to get back to every other weekend, or would he get three weekends in a row?

Answer: Most parents let the kids still go to the holiday with the other parent, while staying on the schedule. It's not complicated. Just treat the other parent the way you want to be treated, and if it's a holiday, let them go to the other parent's house to spend some time with them, then get back to the schedule! Do what is best for the children!

Question: How can a minor legally deny visitation rights without speaking in court? I have an on going court case and it's been going on for at least 5 years. My father is a shabu addict and he left me when i was 6 mths. Now he won't give up on asking visitation rights. I'm tired of it... I want the court case to end. I've already written a letter to the presiding judge but I really don't want to be called and I don't want him to be granted visitation rights.

Answer: As a minor, you can't do a whole lot. That's the point of being a minor, or of being in your majority. Good luck though. Your lawyer should be able to make your wishes known to the court. BTW - What is Shabu?

Question: What course of action to take for elder visitation? What can a person do to have "visitation" with an elderly relative if someone is preventing it? There are no allegations of abuse, just a rift between the people that have been caring for her. The parties were taking turns and sharing the care responsibility but then an argument arouse. Now one is refusing to allow the other to see the elderly person. She is in good physical health and is being taken care of, the other person just desperately wants to spend time. Can you sue for visitation? What else?

Answer: Is their a guardianship in place? Does there need to be one? If not, then it should be up to the elderly relative who visits with him or her. If there is no communication being allowed and you can not get a message to the elderly relative through another party, then imprisonment charges might be an option. If the party taking care of the elderly relative does not allow them to leave the home or visitation, they are virtually in prison. Well, even prisons allow visitors. I would thing that if guardianship is in place, a lawsuit for visitation would be an excellent idea. No matter, if this was happening to me, I would consult a lawyer. You and the elderly relative have rights. The only thing that could be against you is if the elderly relative states that they do not want to see you.

Question: Is the father entitled to visitation if his children have a guardian that I signed for? My son has 2 minor children in Illinois & is the legal father. The mother & he, who never married, gave guardianship to her mother. Does my son automatically have a legal right to visitation?

Answer: As long as he has not signed his parental rights away, he has the right of visitation. Support payments have nothing to do with visitation, though he should be paying adequate and verifiable support. He should go back to Court and request a visitation order.

Question: What should a father exercise visitation rights regarding a child? What should a father exercise visitation rights regarding a child? The law says that he only has to pay child support and if he pays on time.

Answer: The father should see his child as frequently and in whatever manner benefits the child. The child is the only important person in the equation.

Question: What holidays count for a child visitation order that says every other holiday in virginia? I have court-ordered visitation with my four-year old son, which includes every other holiday. However, we can never agree on what counts as a holiday. It seems like she always says what does and doesn't count so that her holidays fall on the ones she wants. We are in Virginia, and no one seems to have an official holoday "list." Anyone have any advice? Thanks!

Answer: My hubby went though this with his ex. Labor Day, Thanksgiving, Christmas, Easter, Memorial Day, and 4th of July. Usually with Christmas it goes from Christmas Eve to Christmas noon then the other parent gets the child from Christmas noon til the next day. And it goes odd years for one parent even for the other. Then Mother's Day mom gets the child and Father's Day the dad gets the child.

Question: How do I go about getting visitation once paternity is established? I live in oregon and I had a paternity test done if proven the father I would like to have visitation and/or split custody the baby will be two in february 2008. I haven't been able to see the child and I was just notified of this August of 2006 and I am just worried that I may not get visitation rights does anyone know if I will be able to get visitation rights even though I haven't been in the childs life due to me not even knowing about the child until last year and if so where should I start.

Answer: Get a family attorney if you are proven to be the father. Have him file paperwork for which ever you are wanting to go with. If you live close to the child then split custody might work but if you are far away then I wouldn't recommend it (to hard on parents and the child). Once the paperwork is filed the mother would be notified of your request and have time to get a lawyer. You will get a courtdate to appear to state what you want and why. Even though childsupport and visitation is suppose to be seperate they do usually ask if you are paying support at the court date. If the child is yours then yes with a good lawyer you have a pretty good chance of seeing your child atleast every other weekend and probably 1 day during the week every week (typical visitation agreement) as long as you don't have a history of violence that may cause harm to the child. They may start with supervised visits for a few visits to see how the child responds and let the child get to know you before getting regular visits. Getting split custody is a little more difficult when a child doesn't know you but if it wasn't your fault you weren't in your childs life then visits should be granted. Talk to the lawyer ASAP and get things started if the test comes back. You want to move fast if you find out the child is yours because the longer you wait to move on it the worse it will look on you if the child is yours.

Question: What state can i file for visitation rights for my child? I had a son born in California in 2000 (me and the mother resided in California) Soon after the mother and child moved to another state and so did i. I now live in another state, the child and mother lives in Pennsylvania. If neither party still lives in California, where would i file for visitation rights?

Answer: If there was any action ever filed in California, you tell the court that when you file for visitation rights in a different state. Since the child is in PA now, that would be the place to go.

Question: How can daddy get visitation rights to see me when mommy says no? If a man (my daddy) and a woman (my mommy) arent married and have a child (me) together but takes off with child. Though still in contact (but only when mommy supervises), how does the man (my daddy) get visitation rights to see his child (me) when woman (my mommy) says no? They never married and mommu said she just up and left and didnt tell daddy anything. She said back then she was really mean, and she doesnt want me around daddy? I want to see daddy and daddy wants to see me. What do I do and how can I help daddy, get visitation rights?

Answer: Mommy is under no obligation to stay in contact with Daddy until Daddy proves he is the biological father and start paying child support, THEN request a visitation schedule or joint custody. If you are in your teens and Daddy has not met this criteria, the Courts will frown on him and may not grant him anything other than COURT appointed visitation and even then, he will have to pay the fees. Daddy needs to pony up the dough and hire a good family law attorney to meet the above criteria. Unless you are over the age of 18, it is not up to you, it is up to Daddy if he wants to have a relationship with you to go through the Courts, establish paternity, pay child support and get a vistiation agreement through the Courts.

Question: What is the customary out of state visitation guileline? My daughter just began school and our custody order was only good until that time. What is the standard visitation he should get, she is 5. She has to fly back and forth to see him.

Answer: there is no customary standard for out of state. You need to go back for a modification with the court. Lots of people will take long summers, winter breaks and so forth. You also need to address who will pay the transportation costs. If you two can agree among yourselves then fine, but if not, take it back into court

Question: How many times can my ex file for amendment of Visitation and Custody? We have both moved away from the state we had our orders written up in. He drives to our original state files for amendment of visitation and draws it out by not showing up and asking for continuances. Each time I have to come 400+ miles from my state. Then he files for amendment of custody and while hes there files for amendment of visitation again. When does it end?

Answer: First, If either one of you live in the sate the order was filed, then you need to have the court through out the motion and any future motion. The state court is only for current residents of that state. Any motion filed would have to be filed in the state that either one of you live in. As for how many times, as many as she wants until he/ she turns 18. The bigger issue is that visitation is a direct result on child support amounts. The more time you have your child the less amount of money you pay. The way to end this is to countersue for full custody and have her have visitation. If she works, she will have to pay you child support.

Question: What is the standard out of state visitation guideline for Florida? I am moving to Massachusetts and my ex tells me that the Florida guideline for out of state visitation is 4 weeks. I would like them for 2 months during the summer. What is the standard guideline?

Answer: out of state visitation is half the summer vacation holidays are every other year, if you have them for christmas this year they go with the other parent the next year, additional visitation is agreed upon and usually at your expense

Question: Can a minor choose to have no visitation rights with a parent? I am 14 year old and my parents have decided to divorce (which is ashame but a long time coming). Even though it is not yet offical, my father currently has visitation right for both me and my brother. I would like to not have visitation rights with him. There is no substansal reason for this incept that I don't like him, and he is always talking bad about my mother and other family members. Could I get no visitation right with him in the state of Florida?

Answer: i had this issue before when i was younger i refused to talk to my mother, when it goes to court, your mother will have to express that you do not wish to see your father, but in all seriousness, you should probably give it some time, your father is going through alot right now, and yeah while he may not have much good to say about your mother, look at it from his point of view, this is probably really difficult for him to get a divorce from the mother of his two kids, hes probably going through alot of things right now, so the best bet would be just give things time and get through the situation

Question: What would happen if my children refused visitation with their father? If my children vehemently refuse to visit with their father and the court says that he technically has visitation right then what happens? Can the courts actually force them to go with him or will they be open to changing the custody agreement? We live in Ohio, so I'm really not sure what the laws are pertaining to this situation.

Answer: The court will mandate them to go. You'd have to have a new hearing with both father and you present. If the kids are old enough (most states its 13 or 14) they will get a say in the visitation. However, he still has parental rights and most likely they will be forced to go unless something horrific has happened. Find out why they dont want to see their father. Help overcome their objections if it is something silly.

Question: What is the standard visitation agreement? I know it can vary depending on many variables and locations, but what is the average, or normal - plain jane visitation for a 10 month old, formula fed child? Mom and dad live an hour apart. May be hard to answer, do the best you can, maybe what you do for visitation if you don't think there is a standard.

Answer: Not hard at all. Http://Visitation_Rights.Dads-House.Org \\\\\\\\\\\\