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Submitted 776 days ago...

andi72

andi72

New User (1)

Childrens rights on visitation

I have 3 children 7,8 12 years of age. I am going through a divorce, and have been granted joint legal and joint phys. w/ the non-custodian parent. Their father has visitation on a 3day (72 hours) every 10 days. But, there are times when the children want to go over other than those days and I have no problem doing so. Their father on the other hand, seems to believe that when they are there on the 3 day sched. They have to stay the whole time and not come home. The children usually feel confident that they can flow back and forth on mom's time but dad denies the same flow. With my children being somewhat of age, is there an actual legal way that the courts can help out on behalf of the children to be able have their voices heard. The court has appointed a Guardian E'Lite but, I don't know if that is enough of a ground for the kids or if there maybe other legal ways of helping the children out instead of being stopped from their rights?

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Answer 1 / 2 - Submitted 427 days ago...

tomturkey

tomturkey

Brain (8,143)

It is always good when the court appoints the parents to go though a guardian E'life program. Some times it works and some times it does not. However as long as there is a court ordered visitstion already set up then the mother has to comply with that order, the father does not have to take the children at any different times outside of that order. The children are still to young o be able to voice their opion or concerns to the court. If you are unable to work with the father then you can either try to file a motion with the court and have the orignal visitation modified to suit an arrangement that will suit all of you. Have you considered the father getting the children on weekends,or every other week-ends. The court is the only one that can change the order.

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Answer 2 / 2 - Submitted 427 days ago...

Michael_D

Michael_D

Professor (1,304)

The Gaurdian E'lite you speak of is more commonly known as a Gaurdian Adlitum - an attorney for the children basically. If the vistation schedule has been in effect for less than a year - the court will not normally change it. It is a period in determining how its going to work. If you start petitioning the court in this early stage - you will find the court will begin to place a negative light on you as a person trying to control what when and how the other must act and do during the visitation period - in other words at this time, its best to just move forward as it is set and provide any concerns to the Gaurdian. He or She will keep a file and do what is in the best interest of the children when and if the time is right.

I understand the free flow between parents - but I am sure that the parenting plan you have been given indicates that the visitation that is set is just that set. But if one parent wants to allow or needs to have the children go stay with the other parent for one reason or another - it does not count as the set visitation schedule set down and is just extra time that is not required to be repaid in any manner. In other words, your husband is in the right to keep the children for the time he has been permitted.

One thing you need to know - in the future, he can have child support re-evaluated and if he shows he has the children more than what the original visitation schedule set fourth - then they can reduce his child support based on the amount of time he has the children.

If your children are wanting to go see thier dad during your time - thats great that you are permitting them to. You are being the bigger parent by supporting the needs of the children and one reason you were probably selected as the custodial parent. Don't look for the small problems to keep the matter returning to court - it will make you look bad in front of the judge, it will only cause more difficulties if it is because of the children - they need to be as far to the outside of the situation as possible.

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Childrens rights on visitation

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