Me and my ex have joint custody with him being the primary, and everything use to be fine until he remarried and his new wife does not like my family and so make ex and his wife are not allowing my family to see our 5 yr old son unless i am in town (I travel a lot for work and am sometimes gone for a month at a time). Our custody agreement says I am to have every other weekend and alternate holidays and such. is there a way to switch my visitation rights or even my custody rights over to my mother, that way she gets to see her grandson sense i am kinda of unreliable because of work and because my ex's wife will not allow her to have him. thank you.
Divorce / Separation Lawyer
Your parents’ right to see their grandchild is dependent upon your right to contact. If it is your weekend, you may have your parents see your child. There will be an issue if there is some provision in the final judgment that gives the other parent a right of first refusal if you cannot be there and need a "babysitter."
Divorce / Separation Lawyer
If it is your time and you want to share some of your time with your parents, then that is your choice. However, as stated, there may be an issue if there is a "first right of refusal" provision in your marital settlement agreement or final judgment. You may want to discuss your situation with an experienced family law attorney in order to determine what your potential rights and options are. Additionally, if this is a new job or a change in an existing job that is now requiring you to travel extensively and, therefore, not be able to see your child as much, then that may potentially be grounds for a modification of the existing timesharing arrangement. I would strongly suggest speaking with an experienced attorney.
My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 to schedule same.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.
Joanna Mitchell, Esquire
Mitchell & Associates, P.A.
Offices in Seminole and Lake Counties
1809 East Broadway Street, Suite 321
Oviedo, Florida 32765
PH: (407) 971-6140
FX: (407) 971-1137