Open Visitation Problems

[HumP]

What is the name of your state? Florida

My ex-wfe and myself were divorced in February 2002, we agreed to everything with fighting. We have joint custody of our 2 children. They live with her.

In the past whenever I would come to visit them, I would end up taking them out with her. Now that I am married again, she has forbade them from meeting her, stating that they dont want to and that its best for them not to. I offered to come and pick them up for the day and spend time with them, her reply was, "oh, I'll go with you"

Question is since visitation is open to both sides, what is my recourse to get her to allow them to be with me alone?

 

[coolmomof4]

I don't quite understnad what "open visitation" means. Is there anything in writing? Because unless you have something that says she is supposed to supervise your visitation, you are entitled to have them alone.

Please let me know about that, before I can say anything else.

 

[catoco]

Visitation

If there are no court orders for supervised visitations then there is no law to prevent you from being with your children and your new wife. But I believe you have a problem in your near future.

You will no doubt have to go back to court to get a "modification of visitation". This may require you to retain an attorny unless you do the paperwork yourself.

Under a court order, the children will have visitation rights with you and your new wife regardless of what your ex wants. It can get painfull, expensive, and will be confusing to the children. But if your being denied visitation, you have no choice but to get a court order for modification of visitation. Good Luck

 

[KCMR]

Open visitation ?

There is nothing keeping you from taking them alone.

PERSONALLY, I think you need to go to court and file for custody...

But, if both of you can be amicable to one another and work out an arrangement that is suitable to both of you then more power to ya.

It sounds like this is all her way or no way...and you deserve to be able to spend time with your children alone.

I'd suggest speaking to her about this. And if an agreement can not be worked out you will have to file for custody.

 

[jyoung]

More than likely your courthouse has a self-help office in the family court. Go there and ask for help with filing a motion re. interference with visitation. When you get to the hearing offer to go to mediation on the issue, you'll pay a small fee for that.

Good luck