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How can I go about getting consistent visitation rights to see my son?

There was a miscommunication with the co-parent that I share my son with. The co-parent and I had an agreement via text that I would pick up my son from daycare and keep him until the following Tuesday. On Sunday we were out and about. The co-parent FaceTimed me, but I would only call. She then started acting irate because she said she did not know where her son was. We exchanged at the police station. I have not seen my son until a year later.

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Angelo M
Angelo M

14,444 satisfied customers

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From what you’ve shared, it appears you had an agreement to see your son, but that wasn’t honored, and the co-parent now insists on supervised visits. You also mentioned there’s an effort to secure visits, which adds another layer to the matter.

Given that you have standard visitation in place but there is a clear breakdown in communication and differing views on what constitutes a suitable arrangement (i.e., supervised visits vs. overnight stays), it might be helpful to formalize these terms through legal channels to ensure consistency and protect your rights as a parent.

If there is a history of miscommunication and disagreement, especially regarding visits and custody, a family lawyer could assist in revisiting the existing arrangements or pursuing a court order that reflects what both parties agree on, which may help reduce conflict in the future. It's essential to understand what your legal rights are in terms of custody and visitation, particularly if the co-parent is acting unilaterally or in a way that disrupts established agreements.

Given the complications you’ve mentioned, working with a family lawyer could provide you with clarity and a pathway forward for establishing more stable arrangements.

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Custody (Parenting Plan) Agreement

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Good afternoon. There was a miscommunication with the co-parent that I share my son with. The co-parent and I had an agreement via text that I would pick up my son from daycare and keep him until the following Tuesday. On Sunday we were out and about. The co-parent FaceTimed me, but I would only call. She then started acting irate because she said she did not know where her son was. We exchanged at the police station. I have not seen my son until a year later.

Lexi

Lexi, Chatbot

I'm sorry to hear about the difficult situation with your co-parent. Can you tell me if there have been any legal agreements or court orders regarding custody and visitation rights for your son?

Nov 2024 we agreed to meet up to see my son the following week. The co-parent canceled.

Lexi

Lexi, Chatbot

Have there been any previous instances of miscommunication or disagreements between you and your co-parent that have affected your son's custody arrangements?

I have been trying to get visits with my son and then go back to overnight. The co-parent will only agree to "supervised" visits and not overnight or unsupervised visits.

Lexi

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with custody arrangements.

We have standard visitation.

Angelo M

Angelo M

Greetings! I hope this message finds you well. Thank you for choosing AskaLawyer as your legal assistance provider. My name is Angelo, and I'm an experienced and licensed attorney with over 40+ years of practice in the field of Law.

Good afternoon. Thanks for taking the time out to chat.

There was a miss communication with the co-parent that I share my son with. The co-parent and myself had an agreement via text that I would pickup my son from daycare and keep him to until the following Tuesday. On Sunday we were out and about. The co-parent face-time me, but I would only call. She then started acting irate because she said she did not know where her son was. We exchanged at the police station. I have not seen my son until a year later.

Nov 2024 we agree to meetup to see my son the following week. The co-parent canceled.

I have been trying to get visits with my son and then go back to overnight. The co-parent will only agree to "supervised" visits and not overnight or unsupervised visits. We have standard visitation.

Angelo M

Angelo M

From what you’ve shared, it appears you had an agreement to see your son, but that wasn’t honored, and the co-parent now insists on supervised visits. You also mentioned there’s an effort to secure visits, which adds another layer to the matter.

Given that you have standard visitation in place but there is a clear breakdown in communication and differing views on what constitutes a suitable arrangement (i.e., supervised visits vs. overnight stays), it might be helpful to formalize these terms through legal channels to ensure consistency and protect your rights as a parent.

If there is a history of miscommunication and disagreement, especially regarding visits and custody, a family lawyer could assist in revisiting the existing arrangements or pursuing a court order that reflects what both parties agree on, which may help reduce conflict in the future. It's essential to understand what your legal rights are in terms of custody and visitation, particularly if the co-parent is acting unilaterally or in a way that disrupts established agreements.

Given the complications you’ve mentioned, working with a family lawyer could provide you with clarity and a pathway forward for establishing more stable arrangements.

Angelo M

Angelo M

I hope I was able to help you and answer all of your questions and concerns. Is there any part of my response that you need clarification on or any further information? Did you have any other questions on this subject for me today?

Since the incident, I haven't felt safe to see my son. And I was trying to receive legal aid, but was not able to secure assistance.

Thank you for the response. However, I do not want to disclose the other parent with my address, because the other parent physically abused me. I have found a public location at the police station, just in case we need to swap on days the school or daycare is closed. Will this work?

Angelo M

Angelo M

I understand how challenging and sensitive this situation must be, especially given the concerns you’ve mentioned regarding your safety due to past abuse. It's critical to prioritize your safety while ensuring that you maintain a relationship with your son, and it’s understandable that you would be cautious about sharing your address with the other parent.

In situations like this, it’s common for courts to allow supervised exchanges of children in public places, particularly when there are concerns about safety, such as abuse. A police station can often serve as a neutral, safe environment for exchanges, as it provides a degree of security and a neutral setting for both parents. Many police stations have designated areas for child exchanges, which could also help minimize any potential conflict or dangerous situations.

It’s great that you’ve already identified a public location like the police station. If you haven’t already, you might want to document this arrangement and consider proposing it to the other parent in writing, or if needed, through your attorney. If your co-parent is unwilling to agree, you may need to file a motion with the court to have the visitation arrangements modified to accommodate your safety concerns.

Also, since you're experiencing difficulty securing legal aid, it may be helpful to reach out to domestic violence shelters or organizations in your area, as they often provide legal assistance or can refer you to pro bono legal services. These organizations might be able to help you with your custody and safety concerns, as well as offer resources on how to proceed with your case.

Thank you.

Angelo M

Angelo M

You’re very welcome! Thank you so much and Happy New Year to you and your extended family!! Thank you so much for giving me the opportunity to assist you, and please don't hesitate to reach out if you have any further questions or concerns.

Angelo M

Angelo M

14,444 satisfied customers

Criminal law, employment law, family law, landlord-tenant, and real estate law.

Angelo M
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