Visitation


#1

I have managed to get a “Motion” for a hearing for equitable visitation for my 15 yr old son, who was taken to FL with her parent’s several months ago, at that time against his will. Now my stbx and FL Gparents have completely prejudiced him to spend life with “them,” and he has now been compromised with regard to his desires.

It would seem criminal statutes are applicable. I want full custody now, and 50% visits. Any thoughts on this?


#2

I have not heard of any claim for equitable visitation, but I am glad you were able to get a court date which focuses on custody.

Criminal statues are not applicable.

You must ensure you filed an action for Child Custody in which you are seeking primary custody, then you will have to prove to the court it is in your child’s best interests to live with you full time.


#3

Thank you. I believe it has become an action rather than a motion. I haven’t been fully briefed yet, but hope to shortly.

Yes, full custody, although I am a little confused. I have prepared a calendar that proposes a shared arrangement should the mother insist on living in Florida…


#4

I think it is appropriate that you are seeking full custody, with an option for shared. That seems to be the proper course of action in this case based on the residency issues. I sincerely wish you the best.


#5

Thank you for your always helpful advice and thoughts.

I have now attended the “Motion.” Mother and son appeared as were invited, no hearing by judge, just atty proposals back and forth with me getting 1 week visits (provided I travel to FL alternating months for the “week visit”!), no custody assignment for either of us.

I refused the ridiculous FL aspect, attys interviewed son who was very well “prepared” to express his desire for majority time with mother. Nothing was heard by judge, and mother and son returned to FL and end of day. This was day 1 of a 2 day session, but they leave for FL! Atty says he’ll just “work out” some agreet with her atty…? I am left with nothing. No explanation why they This seems to be another tactful delay in the process over 140 days without meaningful time with son, and a mockery of the process. Am I wrong? Do you think my atty is compromised? I feel played like a fool.


#6

If no agreement was reached, and the judge did not hear the case, you may have actually attended what is called a mediation. You need to ask your attorney to set the case for hearing.


#7

The court doc was a “Motion for Equitible Visitation” to be heard by judge and defedent was invited to attend.


#8

I have never heard of such a motion.


#9

Me neither and because of that, I believe my atty may be compromised, as this seems to be another delay tactic in the mother-child’s favor, and I still have nothing.


#10

My advice is to find an attorney who knows how to practice family law.