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Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

261.0. "Need some directions" by AKOCOA::BROWN_K (KEN BROWN DCC/CIS DESKTOP CONSULTANT) Mon Apr 26 1993 15:56

	I will attempt to make this as brief as possible. 

	My ex has stood up my children for visitation four times in the last
	four months.  They received a call at 6:35 a.m. Friday morning to tell
	them they would not be picked up.  As the reason was to visit an aunt
	in New Jersey who hasn't been seen in ten years.  The last two times
	it was 5 p.m. before the 6:00 p.m. scheduled visitation.  

	The legal agreement states that there must be a one week notification
	of any changes in visitation, which must be documented.  This has never
	been done.  

	The children are extremely happy when they are snubbed on visitation.
	They have become accustomed to this type of treatment.

	I have documented these violations in letters, but get the letters
	returned with "return to sender" scratched across the letter front.  
	Speaking with the individual is like talking to a telephone answering
	machine message, a continual message of why there is no response
	needed.  The one which always fries me is "this is masschusetts, 
	they won't do anything to me."  

	The lawyer I used doesn't return phone calls.  His subtle message
	when I informed him my daughter ended up in the local police 
	station becuase of the abuse during visitation was to send me a
	copy of the money due me.

	I am starting to work with a member of this conference to start
	litigiation again.  

	Any help or suggestions would be greatly appreciated. 

	Ken 
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261.1keep on keepin' onCSC32::HADDOCKDon't Tell My Achy-Breaky BackTue Apr 27 1993 09:2736
    The most important thing to remember is that just because it didn't
    work out one time, don't quit trying.  This is the part I hate most
    about divorce.  A _lot_ of people think that divorce will end the 
    b.s. and life will be so much happier after the s.o.b or b**ch is
    outa'here.  SURPRISE! (The last part is not intended to be pointed
    at you, but as a general observation).  The b.s. is not likely to
    end any time soon.  You just have to keep plugging along.  

    Re: the abuse:
    I think that this is the most important part here.  Just because
    they didn't bring charges once don't stop.  If you notice any
    abuse again, report it again.  Sooner or later she'll get tired
    of being hastled by the cops, or the cops will start to see a
    pattern and do something about it.

    re: documentation:
    Don't stop trying.  If it goes into court and you have all those
    letters where you _tried_ to work things out, and the letters
    were marked "return to sender" after they were sent to what is 
    indeed her address, it won't look good on her part.  Document any
    and all conversations and what happens.

    Re: visitation:
    I don't think that there is any law that says that the NCP _has_ to
    take visitation, but document what happens so that there won't be
    any chance that she can come back and claim that _you_ are denying
    _her_ access.  If she is as abusive as you say, I'd be _glad_ she
    isn't taking visitation.  The disruption of your plans is the worst
    part.  If she is refusing to see the children and refusing to cooperate
    in making plans, the most that you can probably hope for is to cut
    back the visitation times so that your plans don't get disrupted as
    often.  The real losers here are the kids, but then again, if she
    _is_ abusive, maybe not.

    Good luck in court.
261.2AIMHI::RAUHI survived the Cruel SpaTue Apr 27 1993 12:079
    There is another read-only person out there who is a male CP. He has an
    18 month old. The ex refuses to see the child, and has since 6 months
    old and the divorce. There is this unwritten law that ncp's are to see
    the children on their visitation time. And this isn't so. NCP's do not
    have to see their children if they dont want to. What will happen to
    these ncp folks is that they will live a very lonely life for these
    children do grow up to adults and will always remember their parents
    and may refuse to talk to them (ncp). If this ncp person likes the
    holidays alone, and other times, thats fine. Good luck.
261.3Q'sPCCAD::DINGELDEINPHOENIXWed Apr 28 1993 09:335
    HI KEN, 
    What would you like to accomplish? Do you want her to relinquish her
    parental rights, remove her visitation or have it minimized?
    	Dan D
    
261.4Are you considering Legal Malpractice?CSC32::K_HYDEYes, we do windows -- CX03-2/J4 592-4181Wed Apr 28 1993 22:3112
    Re: .0
    
	The lawyer I used doesn't return phone calls.  His subtle message
	when I informed him my daughter ended up in the local police 
	station becuase of the abuse during visitation was to send me a
	copy of the money due me.

    >> Did the lawyer's bill specifically tie his fees to this event?  Is
    >> the abuse documented and has he done nothing?
    
                                   Kurt