Visitation (Other than Court Ordered)

Updated on June 09, 2009
J.D. asks from Los Angeles, CA
4 answers

I recently posted on here and received some very valuable feedback.
Here is my latest problem with the birth father re: visitation.
He has recently lost his job and went to the daycare provider stating this and that he would be taking "our" son more often. Her reply was that she needed to discuss this with me. Well he never did until just recently. He requested to have him on a wednesday and I replied with needing to know what would happen if he finds f/t work and how it would affect "our" sons routine/schedule at daycare. He replied that he would get more time until he returns to work. I was almost for it even with all of the concerns I have about him parenting but have also read and heard so much about allowing the child to be with both parents and that they will figure it out as they get older.
Then I rec'd an email from him stating that he could not take him on the wednesday but would the following week. In the meantime, he forwarded an email from his Lawyer (thought he had no money} that I am allegedly in contempt of the court order due to a new daycare provider. So the hostile behaviour began by him and I kept everything in perspective with regards to my son. He last saw him on friday and when he returned him to me, he tried to pick a fight/argument with me stating "that if I can change daycares (I notified and discussed with him prior) then he can request more time". I replied that I am not going to argue with you in front of "our" son and said, "say bye bye to daddy" and closed the door. He called me a twit. I also recorded our conversation but couldn't hear the "twit" part as I was closing the door. Anyways, I digrress..... I feel that I have been left with no other choice than to have him go ahead and either file court paperwork, hire a Lawyer or seek mediation to resolve this difference. It feels to me like I would be putting my son in jeopardy being with such a negative, angry person even though the child probably doesn't see that (yet). The visitation is suppose to be for the child and not full-fill the father (his) needs but that's how I see it.
Any advice would be appreciated.

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So What Happened?

Thank you for your replies. Unfortunately I am not having a very good day today and the couple of Lawyer's I spoke with will not go to court and because the court order already in place states that we are to mediate before returning to court. So I have left a message for 2 Mediators to set up an appt. to see what I can do? I am hoping to change the court order to full/sole custody but it's been my experience to date, that won't happen. Even though this guy is bullying me and insults me and threatens (another email today), I get answers from Lawyers : you will both have to co-parent this child. This frustrates me so much. I guess I need to get thicker skin and just put up with his nonscence with me and hope it will never reflect on to my son. I have absolutely no family and limited friends support as they do not have kids or they are all grown up. Lets face it, everyone has their problems why should mine be any different.

More Answers

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P.S.

answers from Los Angeles on

Hi, J.,

Sometimes you just have to take it in the BUTT. He's the father as much as you are the mother. He sounds like he wants to be in his son's life. What's better? To be with your father or stuck in the DAYCARE? I suggest you work a lot harder with him for the sake of your child, and now to sound ... Well, I know you may take this the wrong way, but reading your letter from an objective standpoint, you're really making too much of it and being very controlling. Let him be involved. And just wait... There also might be a stepmom at some time. Well, I went through that and it worked out beautifully. It's all in YOUR ATTITUDE. You could be very jealous and "controlling" making the situation unbearable, or you could be glad that there is another person in your son's life to love him and help take care of him while he's with his father. I took the latter, and stepmom and I actually adore each other and she's so good with my son. It really makes it so much better if you just get along, and if it means biting your tongue, DO IT! No child wants to see their parents fighting. Just resolve to get along with "Dad." AND INCLUDE HIM IN THE DECISION MAKING. Just put yourself in his shoes. Would you want to be consulted about his daycare? Or better yet... say if he was your brother, how do you think he would be complaining about you, and the lack of decision making power he has with his own child. I'm telling you, you could have a beautiful life, lot's of help and support if you would work with him. It's either you both will be adult enough to do it on your own, or spend THOUSDANDS -- AND I MEAN THOUSANDS -- OF DOLLARS ONLY TO HAVE THE COURTS TELL YOU HOW IT'S GOING TO BE DONE.

PLEASE, YOU HAVE ALL THE CARDS TO TURN THIS SITUATION AROUND. SWALLOW HARD, AND WORK WITH HIM AND HOPEFULLY HE WILL COME AROUND AND BEING A MAN, HE TOO HAS TO BE IN CONTROL. THERE'S NO SUCH THING AS TWO CHIEFS RULING AT ONE TIME. PLEASE FOR YOUR LITTLE GUY. I LOVE MY SON'S STEPMOM AND IT WAS ONLY BECAUSE I CHANGED MY ATTITUDE.

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R.S.

answers from Los Angeles on

I do agree you need to go to court and this way they will decided what is good for your son and more likey in what you've been saying you will get custody and he will ONLY get visitation rights and that way he cant say anything to you. Also if you get full custody give info to school and he has NO say so in anything and the school doesnt have to talk to him about anything and you can send him where ever you want. Good luck because he does sound like a bully and stay strong for your son your doing the right thing in staying away from the conflict infront of your son, AND the recording thing is GREAT keep doing that until you go to court it should help you.

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J.D.

answers from Los Angeles on

Hi there, Get an attorney, and take the clearest strongest action. If family law is like other law suits, once you have an attorney he can no longer legally speak with you. This guy is a bully, and will contiue bullying you as long as you permit it. By not getting legal representation you're permitting his drama to invade your life. Good luck.

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L.H.

answers from Los Angeles on

You should file the papers. Go down to your local courthouse and find the family law / custody department. They probably have a self-help law office too.

Most likely the judge will order custody "as you have been doing it" and will give joint legal custody which means no parent makes unilateral decisions. This is unless there are some other serious things to consider (stability, mental health, etc).

I'd be proactive.

And don't give him more time because like I said, the judge will probably order custody "as you have been doing".

Good Luck!

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