The "open" visitation, or "liberal" or "reasonable" (however your order is worded), is not meant to be an opportunity to manipulate the other parent. It is for you to have an opportunity to share a meaningful relationship with your daughter. I understand your concern about visiting the step-father in jail; and the judge may take issue with that as well. But there are other factors that need to be considered. Is he in jail for a violent offense, is he in for a short time or several years, is he considered a danger to your daughter? The fact is that if he is there for a non-violent offense, and he only has a short time to serve, he is going to return to your daughter's life. If you have concerns about this, you need to speak with a child custody attorney. It may also be advisable to consult with them about a set visitation schedule if the open schedule is raising issues.
Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.
As Mr. Garrett explained, the visitation must be reasonable. If you are only allowing her visitation on those nights that she visits her husband, that is not allowing reasonable visitation. The Court will not view this in a positive manner.
If you feel that you need to have a more explicit schedule, you can go back to her and seek a mediated visitation schedule, or you can petition the court for modification if there has been a change in circumstances.
One of the criteria in "Best Interests of the Child" is whether or not a parent is encouraging the involvement of the other parent in the raising of the child. Unreasonably denying visitation - or deliberately making visitation unavailable to the other parent - will be seen negatively.
This is not a war between the parents and never should be. The concern is what the child needs.
Please note that this response is based upon the limited information available in the question. In addition, it is not intended to create an attorney/client relationship and is offered only as general information and not as legal advice.
I would recommend that you propose a scheduled visitation plan and if she isnt willing to work with you. then you file for reasonable visitation in JDR court, She cant be dictating when you see the child on her whim, and if she is then let a Judge determine whats in the best interests of the child.
Child custody Considerations in child custody decisions Family court and child custody cases Best interests of the child and custody Visitation schedule in child custody Reasonable visitation in child custody Custody agreement and child custody Visitation rights in child custody agreements
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