visitation question

[videoman40]

Hello,

I live in New York, but have a Massachussetts divorce. From Pittsfield Mass. My X and I have joint custody with her as the custodial parent. I was awarded liberal visits to include a week over the summer. I understand this is very vague, that is my problem. My X will not allow me to see the kids, I have not seen them since the summer. My question is, what is to stop me from picking up my daughter from school on a Friday? And visiting with her for the weekend, is that within my legal rights? I know I have to take her back to court to get this vague order re-written, but that is a lenghty process too.

Thanks!

 

[Duranie]

What state are you in? The process to get this done may not be that difficult since she has not let you see the child.

If you have joint custody, and please do not take this s legal advice, you could probably get away with picking the child up from school. Have your decree with you in case the police are called. They may or may not even doing anything since this is a civil matter.

As long as you do not take the child out of state,or keep the child for more than a night or 2, I don't see how you can get in trouble.

File something ASAP and make sure this is very specific. Have you seen an attorney at all? Some family courts offer mediation, see if they can help you.

 

[Malibu_Barbie]

Actually, I wouldn't suggest that. Sorry, Duranie. In order to protect yourself, your rights and handle this matter legally, without potential unfavorable incident, you would probably be better off filing a Motion for Contempt based on a violation of visitation rights which was previously Court-ordered. You can usually file the Motion via a form provided by the Court.

Please keep in mind, however, if you are in violation of the Divorce Decree/Settlement Agreement, your former wife can and may use that against you, which can complicate the matter even more, as well as put you in a bad situation. If there's no issues that you predict as to her defense or counterclaim (lack of child support payments, child abuse, etc.), then this method would probably be your best bet.

You can also file a "Motion for Expedited Hearing" in some Courts, which may allow your petition to be heard much sooner. Please ask your local Court re: these issues, and they might be able to help you. If you need further help, please feel free to ask us. But, please don't take temporary custody, unannounced to your ex-wife, in the the meantime, as this may cause more problems for you, and I'm sure you don't want your child/children to be subjected to police intervention, as it could scar a child for life.