visitation

[Jessicalynne]

Ok my husband has custody of his son, well he has lived with us for 3 years we finally got everything finalized in court last March. Anyway my husband is off a a school now in CA and of course now the mother wants to file for visitation a year later, want the court proceedings be held off until my husband returns from school? Does the Soldier and Sailors relief act cover him being gone to school? I looked online and this is all I could find.And the mother lives in FL so wouldn't she have to come here to do the paper work or could she request it my mail?

"In addition, it is often difficult for servicemembers to be physically present during civil court proceedings
when then they have been called up to active duty or deployed to new duty stations," Smith said. "To
protect their rights, H.R. 100 will provide servicemembers with automatic 90-day stays in civil
proceedings. Furthermore, if an additional stay is subsequently requested but denied, the court will be
required to appoint a counsel to protect the servicemember's rights while he remains on active duty," he
said.



Also I was wondering how old does a child have to be for the court to listen to them, my husband's son is seven he doesn't want to visit he doesn't even want to talk to his mom?

 

[Duranie]

The child is way too young to not visit and at 7 the only way he would not want to see huis mon is if he is being told that by you or Dad which is wrong. Mom has the right to file for visits in fact is it odd that since your husband is not even around, that mon does not get custody. I am not sure what the soldiers and civil act would have to do with visits. Mom has the right to see her child. You do not exepct her to not see the child ever do you? What do you have to do with this since you have no legal rights here at all as a step-parent?

 

[Jessicalynne]

No I expect him to see his mom and also expect her to see him. I was only asking to get an idea. And the reason the child is with me is because the order that is in effect right now states the mother have no physical contact. I was merely wanting to know if my husband would be allowed to file for a "stay" since he is away a school. And by the way the child is not being told that if you knew the whole situation you would understand, thank you though for jumping to conclusions and judging. The relief act doesn't have anything to do with visits I was just wondering if the court process would be held off until my husband returns.

 

[kinnie]

im just stating an opinion

i realy think that your husband would have to be served for this to go to court.with him being gone i think they would have to continue it until he gets home, but unless she is abusing or has abused the children she will definatly get her visits.i hope all goes well for the children and i hope they can rebiuld thier relationship with thier mom.i am definatly not an attorney im telling you what i think