Our divorce agreement specify visitation "every other weekend". But as you can imagine it is not clear which weekend belong to mother and which to father. What language I can add to the agreement to make it clearer and en-forcible by police ?
Divorce / Separation Lawyer
I am sorry that you are going through this, you should add either odd even or create a parenting plan that specifices weekends, holidays etc, this should be part of your separation agreeemnt and enforceable by the court. take care.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
Family Law Attorney
Typically, the agreement would say that the fathers first weekend will commence on a specific date and then alternating thereafter. The police will not typically get involved in enforcing a custody order. They will direct you to family court to either modify the agreement of violate the father. It should be easy to determine his alternating weekends. For example, if this weekend is yours, the following weekend should be his and then alternating thereafter.
Go to the Family Court clerk and get a form order for a parenting plan that specifies the weeks and times for child exchanges as well as holidays. You or your attorney come up with a proposal and send it to the other side. Some courts offer free mediation services to help if you and the other parent have such poor relationships that calling the police seems to be the first option to you. They may suggest more effective and mature ways of dealing with the situation with the child's interests and welfare in minimizing conflict between the parents for the child's sake.
Lastly, like everything else, you can use email to discuss arrangements without getting into nastiness and unpleasantness and to keep a record for the court in case of enforcement of violation proceedings. And like everything else these days, there are low cost website software tools like "Our Family Wizard" (see link below) to help.
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Divorce / Separation Lawyer
Generally, the NYPD don't like to get involved in visitation disputes. If you are having issues with visitation, you can go back to court to enforce the terms in your divorce judgment or order. If you feel the terms are unclear and your ex agrees, you can enter into a new agreement without involving hearings. You may want to contact a lawyer to discuss your options.
Morghan Leia Richardson, Esq.
Richardson Legal PLLC
31-08 Broadway, Suite 204
Astoria, New York 11106