I know my husband and i won't agree on the parent plan. The court wants to us to agree. what can i do?

Asked over 1 year ago - 34448

He needs to be supervised due to giving him alcohol at 17 months. so our son won't cry and it would put him to sleep. he is a danger to our son.

Attorney answers (2)

  1. Heather Morcroft

    Contributor Level 20

    Answered . If you don't agree, the court will decide. You need to have a lawyer. If it is your word against your husband's, with no credible corroborating witnesses you may have some difficulties. But even with good proof, you should have a lawyer. Courts are very reluctant to limit parental contact, so you really have to prove a strong case.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******
  2. Joanna Marie Mitchell


    Contributor Level 15

    Answered . The first step, if you cannot agree, would be to go to mediation. This should occur after the divorce has been filed, if it has not been filed already. Then, if you still cannot agree, then the Judge would have to determine what parenting plan is in the best interest of your son. You would file your proposed parenting plan, signed only by you, as to what you believe is in the best interest of your son. Then, you would need to present evidence to support your allegations that he is a danger to your son in order to be awarded supervised timesharing. You should consult with and retain an attorney to assist you, as knowing what evidence a judge will consider and how to present it can be very complicated, especially given how important of an issue this is.

    Detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website at http://www.mitchell-pa.com/FAQ_Main.html Be sure to stop by and check it out! And of course, if you have a question that is not addressed, please feel free to email me directly.

    Should you wish to discuss this matter further, my office offers free initial telephone consultations. During the consultation, we can discuss the particulars of your situation in depth, as well as explore your potential rights and options. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 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
    Mitchell & Associates, P.A.
    614 E. Hwy 50, Suite 327
    Clermont, FL 34711-3164
    PH: (352) 324-2444
    FX: (352) 324-2229
    Email: jmitchell@mitchell-pa.com
    Web: www.mitchell-pa.com

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This... more

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