How to petition a Louisiana court to change visitation
Someone please, please help me!!!
I love my children, and want to spend more quality time with them......
I have a divorce decree from Alabama, ex-spouse has custody. She and my children have resided in south-central Louisiana for 15 yrs, and I have resided in Dallas Texas for 11 years. My son is now 18, and my daughter is 15. Divorce order states the following:
"Parties agree that Petitioner (that's me) shall have the right to have the children visit with him at reasonable times for reasonable periods of time upon notice of at least two weeks first being given. Parties agree to work together on holidays, birthdays and other appropriate visitation periods."
She refuses to work with me on visitation.
I want my daughter to visit for 1/2 half of her summer vacation. Ex will not agree. She says that my daughter wants to work a summer job and does not want to visit but for 2 weeks. I also want my daughter to visit for at least one half of all State holidays which coincide with a weekend (three day weekends).
Can my ex-wife just refuse to allow my daughter to visit for what I consider a reasonable amount of time?
Should my daughter working a summer job be allowed to interfere with my visitation?
Which state agency do I contact to petition a change in my visitation order, and which state (AL, LA, or TX)?
Am I required to be represented by an attorney?
Re: How to petition a Louisiana court to change visitation
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Quoting Nujac
Can my ex-wife just refuse to allow my daughter to visit for what I consider a reasonable amount of time?
The order doesn't give either of you the right to dictate what is or is not reasonable. It anticipates that you will work together to agree upon something that is reasonable.
Quote:
Quoting Nujac
Should my daughter working a summer job be allowed to interfere with my visitation?
Given your daughter's age, if she wants to work a summer job, it may well be reasonable for the visitation schedule to accommodate her working a summer job. You're the parents so you (jointly) decide; but as I indicated, the order doesn't give either of you the right to dictate "reasonableness". Your wife, as the primary custodial parent, is in the position of power as if you don't agree the default would be for your child to remain at home with her. That's not necessarily fair; but that's the way things were set up in your order of divorce.
Quote:
Quoting Nujac
Which state agency do I contact to petition a change in my visitation order, and which state (AL, LA, or TX)?
If the last action on the custody matter was in Alabama, then you can petition in either Alabaman or Louisiana. To petition in Louisiana, assuming jurisdiction is not yet transferred, you would have to ask the court to take jurisdiction over the matter from Alabama. If you file in Alabama, I expect that your ex-wife would try to move the matter to Louisiana, which is the child's current home state.
Quote:
Quoting Nujac
Am I required to be represented by an attorney?
No, but it would probably help, particularly given that you will apparently have to litigate in a state in which you do not reside.