Visitation Changes

[sixstringdad]

What is the name of your state?VA I have JL Custody of my daughter w/ visitation e/o weekend and a few hours on wednsday. My job recently asked me to change shifts, so now I work nights. Needless to say, I need the visitation schedual w/ my 3 yr old daughter to change slightly. However, the CP feels that she shouldn't have to make any changes, and now I'm stuck not being able to see our daughter. If I go to court to have the schedual w/ my daughter changed, what do I need to file? Is it a Motion to Amend custody form? I'm not sure. And, Do you think I would have a problem getting the schedual changed based on my job shift being changed? Any help is appreciated.

 

[Chelle0511]

Give me a few more details.

What is the name of your state?VA I have JL Custody of my daughter w/ visitation e/o weekend and a few hours on wednsday. My job recently asked me to change shifts, so now I work nights. Needless to say, I need the visitation schedual w/ my 3 yr old daughter to change slightly. However, the CP feels that she shouldn't have to make any changes, and now I'm stuck not being able to see our daughter. If I go to court to have the schedual w/ my daughter changed, what do I need to file? Is it a Motion to Amend custody form? I'm not sure. And, Do you think I would have a problem getting the schedual changed based on my job shift being changed? Any help is appreciated.[/QU
~First of all you need to file a petition to modify visitation. The petition will simply ask what you are asking for and why. They will then set a date and you go from there. So, what is it that you are needing to change? Are you going from 1st shift to 3rd? Give me a little more details. Also, let me add that I have found with personal experience that judges usually work with the NCP on issues as such if they are active in the childs life on a regular basis. Especially if you took the shift for a pay raise etc, which will better your life and that of the child financially. My fiance goes to court Tues. for the exact same thing you are needing, we just need to pick up time to be pushed back an hour.

 

[sixstringdad]

I'm going from 1st shift to 2nd shift..for a small pay raise and most importantly, to keep from getting laid off. When I petition to modify visitation, Do you think I can get it expidited? I don't think I'm going to get to see my daughter until I get this situation resolved. A normal filing could take several months. Also, I am as active in my daughters life as much as the courts will allow me. I've never missed any time with her until now. I also gave CP a 1 1/2 months notice so that we could work out another schedual. However, CP won't work with me on anything.

 

[casa]

I'm going from 1st shift to 2nd shift..for a small pay raise and most importantly, to keep from getting laid off. When I petition to modify visitation, Do you think I can get it expidited? I don't think I'm going to get to see my daughter until I get this situation resolved. A normal filing could take several months. Also, I am as active in my daughters life as much as the courts will allow me. I've never missed any time with her until now. I also gave CP a 1 1/2 months notice so that we could work out another schedual. However, CP won't work with me on anything.

You'll be fine. Bring in documentation from your employer detailing the shift/pay change. Remember to plan how you will keep the 3yr olds schedule as much the same as possible ie; taking to or from daycare during your hours, and how to provide transportation for pick up etc.

 

[sixstringdad]

I understand about keeping my daughters schedual the same, However I have no idea what kinda schedual CP has her on other then when its time to see me per court order. I've asked CP what her schedual was several times, so that we can work something out, and to make it easier for everyone included, but CP is reluctant to give me any info. So does anyone think I can get this expidited so I don't have to wait months to see my daughter. I had a lawyer do this for me last time when I didn't get to see my daughter for the first 9 months of her life. I don't have the money for a lawyer this time. I also need to file a show cause for when CP didn't allow me to see my daughter on her birthday last year per court order as well as snipping a day off of my summer vacation with our daughter. I've kinda waited to file the show cause because I knew there would be more, and I can't afford to take off from work to go to court everytime CP decides to screw with me. Have I waited too long? Her birthday was in April. And the summer vac. was in Aug of last year.

 

[casa]

I understand about keeping my daughters schedual the same, However I have no idea what kinda schedual CP has her on other then when its time to see me per court order. I've asked CP what her schedual was several times, so that we can work something out, and to make it easier for everyone included, but CP is reluctant to give me any info. So does anyone think I can get this expidited so I don't have to wait months to see my daughter. I had a lawyer do this for me last time when I didn't get to see my daughter for the first 9 months of her life. I don't have the money for a lawyer this time. I also need to file a show cause for when CP didn't allow me to see my daughter on her birthday last year per court order as well as snipping a day off of my summer vacation with our daughter. I've kinda waited to file the show cause because I knew there would be more, and I can't afford to take off from work to go to court everytime CP decides to screw with me. Have I waited too long? Her birthday was in April. And the summer vac. was in Aug of last year.

Did you file a report with the police when she denied you visitation? Was anyone with you to be a witness to her not letting you pick up the child? Otherwise, it will be hard to document whether she did or didn't deny you the visit this long afterwards. You can certainly state the denials in your declaration, but it wouldn't be provable. In the future, contact authorities and request to make a report if/when that happens.

You have access to your child's daycare records- Contact them and simply ask the hours she goes and then do the math to determine if that will during your proposed parenting time. If the child does not go to daycare, then you won't have to deal with that. Other than daycare her schedule is the usual breakfast, lunch, dinner, activities together etc.

You don't need an attorney to file a motion based on your change of employment. It would be ideal, yes, but not impossible to do alone. Contact your court house to see if they have a law facilitator or clerk to help direct you to the appropriate forms to file.

 

[sixstringdad]

I actually did call the police to file a report, but they said it wasn't a reportable offence and there was nothing they could do for me other then to tell me to file the appropriate paperwork with the court. However, I did have a relative with me during those times that were missed. And she doesn't go to daycare so thats not really an issue. So I need to file a petition to modify visitation as well as filing a show cause form. I just wonder now if I can get it expidited, or if I need a lawyer to do that.

 

[stepmom&mom]

In many states, the police will not get involved in these situations because they are viewed as civil disputes that must be handled through the court system. Therefore, they often will not even file a police report. Your best bet is to document all denied visitation and even sending letters of intent to exercise visitation and then if visits are denied, send a denial of visitation letter. Send the letters certified mail, return receipt and keep copies of all your receipts. That's all you can really do.

 

[sixstringdad]

Thanks alot for everyones posts. I told CP today that it would be unfortunate if I had to go to court to work this out just because she won't work with me. She called me a min. ago and said I could have my daughter on the e/o weekend schedual from fri 5 p.m. to sun 6 p.m. I just have to tell her whose gonna pick up our daughter while I'm at work friday night. The funny thing is CP had a line put in the CO stating that CP must have child when NCP is at work...so she's going against her own rules. I'm confused now But I'll do anything to see my daughter. Should I get her to sighn something stating she agrees w/ letting someone other than me p/u daughter on friday evenings while I'm at work?

 

[Chelle0511]

I actually did call the police to file a report, but they said it wasn't a reportable offence and there was nothing they could do for me other then to tell me to file the appropriate paperwork with the court. However, I did have a relative with me during those times that were missed. And she doesn't go to daycare so thats not really an issue. So I need to file a petition to modify visitation as well as filing a show cause form. I just wonder now if I can get it expidited, or if I need a lawyer to do that.

~Ok, this is hell but we are about 75% further down the road in this process compared to you. So listen, first of all do a google search and see if "unlawful visitation interference" exists in your state. If it does, print it out and take it to the police station when it is your time of visitation along with the legal papers showing that it is and then they will help! We had the same problems. In the meantime go Monday and file the petition. Tell the clerk you rissue and see what the first date available is. It only took us 3 weeks to get into court. In the meantime get reports of her denying visitation and ask the officer to send it to the states attorney, or go talk to the states attorney yourself! It can happen, it sucks to wait...be patient!

 

[Chelle0511]

Thanks alot for everyones posts. I told CP today that it would be unfortunate if I had to go to court to work this out just because she won't work with me. She called me a min. ago and said I could have my daughter on the e/o weekend schedual from fri 5 p.m. to sun 6 p.m. I just have to tell her whose gonna pick up our daughter while I'm at work friday night. The funny thing is CP had a line put in the CO stating that CP must have child when NCP is at work...so she's going against her own rules. I'm confused now But I'll do anything to see my daughter. Should I get her to sighn something stating she agrees w/ letting someone other than me p/u daughter on friday evenings while I'm at work?

~I wouldn't worry about that at this point. If she releases the child that is proof enough that the transition was acceptable to her.

 

[SMURFEELAW]

But both of you may want to put it in writing and sign it and file it with the court in order for the change to be an order if not then the old order stands and she can refuse to relaese your child when the time comes. You HAVE to change through the Court if you want to be able to enforce it.

 

[casa]

In many states, the police will not get involved in these situations because they are viewed as civil disputes that must be handled through the court system. Therefore, they often will not even file a police report. Your best bet is to document all denied visitation and even sending letters of intent to exercise visitation and then if visits are denied, send a denial of visitation letter. Send the letters certified mail, return receipt and keep copies of all your receipts. That's all you can really do.

While police may choose not to enforce the order when you call them- You have every right to request/demand a report be filed. They cannot refuse to file a report- If they do, go to the police station and ask to file a report- and get a copy of the call log through the police department showing a call was made requesting an officer to x address on x date. Call logs are kept of each address/incident an officer responds to, whether a report is made or not- and that will be evidence you contacted the authorities.

 

[Chelle0511]

While police may choose not to enforce the order when you call them- You have every right to request/demand a report be filed. They cannot refuse to file a report- If they do, go to the police station and ask to file a report- and get a copy of the call log through the police department showing a call was made requesting an officer to x address on x date. Call logs are kept of each address/incident an officer responds to, whether a report is made or not- and that will be evidence you contacted the authorities.

~Also, just to add. The police are alot more apt to help if you go to the station vs. calling them!

 

[USMOM]

Idea

I found that asking the police to file what is called an informational report was handy. Either they report what you say as fact or they investigate. This is good support for any claims you make in the future.