You are here

Legal Documentation of Visitation Arrangements.

Karis's picture
Forums: 

Ok, so my step kids Mom's boss is a complete jerkwad. He keeps scheduling her at work for times when she's supposed to have the kids, or time very close to it.
She's supposed to have them from 4pm - 8:30pm on Sunday nights. He constantly schedules her so that she has to change the time to 5 or even 5:30. I mean, 4 1/2 hours isn't much in the first place, now she only gets 2 1/2 - 3 hours.

To top it off, he's scheduled her for Mother's Day evening, so she won't be able to see the kids at all that day. She has the times blocked off on her availability, but he refuses to honor that, unless she brings in a legally drawn document stating the times and day of her visitation.

Does anyone know how to go about obtaining such a letter and how much it would cost? I thought maybe it would make a good Mother's Day gift for her.

I should add that when my husband got custody of their kids roughly ten years ago, the custody arrangements were very vague, because the Mom couldn't give him a set schedule at that time. She is the one who says what day she wants the kids and for what times. It's been Sunday nights for the past year or so, since before she got the job she's at now. At the present time, the only day that is good for her as well as the children is Sundays as my SD works M,W,TH,Sat nights and goes to counseling Fridays and my SS goes to Boy Scouts on Tues. nights and is also trying to get a job.

I mean, when I talked to their Mom the other day about it, she was going on about how it would cost a lot of money and probably not worth it to cover the next year (SD will be 18 this summer, SS will be 17 on Xmas Day). But it's still a whole year, and I would think that she would want to continue to see them after they're 18 too...

Thank You,
Karis

Karis's picture

I told her, and her son told her, that between us we're pretty sure we could make a legal document. She seems to think her boss will know if it's not REALLY legal. Would what you say work? It wouldn't have to be signed by a judge or something?

Thank You,
Karis

cfmommyof3's picture

I don't know what state your from but in a situation like that here the 2 parents would get a legal doc from the court house. Ours is Petition to change parent child contact. The 2 parents can sit down and write out the schedule and what they agree too and if it is all agreed apon they go to a notary for signatures and submit it to the court (there is usually a small filing fee depending on who puts in the paper work but it usually doesn't cost much). Then the judge just signs off on it. They prefer it that way cuz its simple and fast and no arguing between the parents. Of course how fast it gets finalized depends on how busy the courts are but here if its that simple we don't even have to have a court date. Just submit the court forms and wait for final order in the mail. Hope this helps! Law vary so much sometimes between states.

Karis's picture

She's not my wife Smile She's my husband's ex-wife. She's looked for other jobs, but she's limited because she doesn't drive, so she has to take the bus. And her husband doesn't work, so they need the money.

The custody agreement is very vague, there are no specifications. All it states is that she is to have them twice a week (no days or times listed) and that she needs to provide 50% of the transportation. Instead of having them twice a week, she only wants them one day and counts the extra day she doesn't have them as her part of the transportation. She works full time at a restaurant, she does cooking and hostess work there. I didn't think of seeing if she could go to a higher up though, I'll suggest that to her.

She IS the one that chooses the time and day to have them. My husband lets her dictate what day and times she wants them because we know it's tough working around her work schedule and the fact that she has to find somewhere for her husband to go during visitation because he's not allowed contact with the kids at all. She can't take them to anything they do, because she doesn't drive and lives in another city, about a half hour away. I do all the driving to and from visitation.

One thing that bothers me, is I'm not entirely sure she's being truthful about her boss. She's already admitted to my SD that she sometimes cancels visits because her husband doesn't feel like leaving the apartment. I don't know if she's making up the boss story to explain away why she can't have them some nights. I guess that's really none of my business though.

If it is true however, I wanted to help.

Thank You,
Karis