Visitation


#1

I just got a divorce in NC this year. Our papers are not in black in white. I was to get my son for Christmas this year, it was agreed abound while sitting with my ex attorney, my attorney an the mediator. However it was not put in the notes from the mediator. My attorney informed me that my ex contacted her attorney and I was not to get my son for Christmas but can get him after. I live in Illinois and my papers state I am responsible for all transportation for visitation and can do so in the easiest way. I was going to fly him for I only get him for a week. My ex would not let him fly, nor was she going to take him to the airport. So I was not able to get my son for Christmas this year.

I also get him four weeks out of the summer that is all the order states. I would like to get him for his birthday June 20 and for fathers day. I would like to start my four weeks as soon as he gets out of school. However my ex has informed me I can’t for she already has plans. Every time I bring up a date she tells me no. I am being denied visitations with my son.

I am asking since I am the non custodial parent do I get first choice for my summer visit’s and do I have the right for fathers day? My papers only state word by word “to have minor child four weeks in the summer, a week before or after Christmas every other year and every other spring break.”


#2

Is your custody arrangement set forth in a separation agreement or a court order? If you agreed to custody in your separation agreement, you always have the option to file a complaint for child custody. If you have a court order on custody you need to show a change in circumstances in order to seek a modification, your ex’s refusal to let you see your child is grounds for a modification. If I were you, I would obtain legal representation and look into revisiting your custody issues. It sounds like the custody schedule you have in place is not very clear and your ex is using the lack of detail as an excuse to withhold your visitation. Your custody schedule needs to address transportation issues as you live out of state. If you can reach an agreement with your ex on these details, you can sign a new separation agreement or consent order. If not, you’ll have to address your issues in court. Again, to make sure your interests are best represented, I would consult with an attorney and determine the best way to proceed.


#3

This agreement is set in the separation agreement. The only court order I received was stating the marriage has ended. No detail for the separation agreement. Would it be best to use the same attorney I had who did my divorce even thou I felt he did nothing for me. For I lost everything in the divorce even stuff that was mine before marriage. Or should I try to find a new attorney?


#4

This is really up to you, although if you were displeased with your prior representation I would suggest hiring a different attorney.