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Father Denied Visitation Rights by Out of State Mother

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  • 12-13-2013, 11:49 AM
    aardvarc
    Re: Father Denied Visitation Rights by Out of State Mother
    Quote:

    Quoting In need of legal advice
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    Would working with a mediator make it easier for both parties, considering the fees associated with travel, attorney fees, and multiple court dates? It's a seven hour trip from there to here, so it will be difficult to say the least.

    Courts tend to favor parents willing to at least try mediation. It shows good faith. However, even if mom agrees to mediation, keep in mind that mediation will be an additional step that will have to occur before the judge gets to sign off on anything, and that time may be a critical factor here. On just a quick check, it appears that it'll take 12 months before the child is considered a "resident" of SC - so there may be more time than 6 months - BUT how long has the child already lived in SC now?

    And, even with mediation, the question of jurisdiction can still exist. Dad needs to know from the VA court if the they will still consider making changes to any standing orders, even though the child is no longer in VA. (There are some things the court may agree to do, and other things they may refuse to change with the child effectiverly gone). You really need to know the answer to that before making a plan to move forward. It would be a huge waste of time and emotional energy to mediate in VA if the judge isn't going to make modification to the order and instead wants to postpone the case in anticipation of moving it to SC.
  • 12-13-2013, 11:55 AM
    In need of legal advice
    Re: Father Denied Visitation Rights by Out of State Mother
    Quote:

    Quoting aardvarc
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    Courts tend to favor parents willing to at least try mediation. It shows good faith. However, even if mom agrees to mediation, keep in mind that mediation will be an additional step that will have to occur before the judge gets to sign off on anything, and that time may be a critical factor here. On just a quick check, it appears that it'll take 12 months before the child is considered a "resident" of SC - so there may be more time than 6 months - BUT how long has the child already lived in SC now?

    She has been there since May, so there may be hope of settling it all here. Thank you so much for all of your help. It has helped immensely, and I finally feel like we may actually have a chance of resolving in a timely and civil manner.
  • 12-15-2013, 03:36 PM
    SESmama
    Re: Father Denied Visitation Rights by Out of State Mother
    I am a little confused. is there or is there Not any type of court ordered parenting time?


    Quote:

    Quoting In need of legal advice
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    As far as I am aware, they had a visitation schedule set when she lived here, then worked one out on their own when she relocated.

  • 12-15-2013, 03:57 PM
    cbg
    Re: Father Denied Visitation Rights by Out of State Mother
    Quote:

    Quoting SuperPop
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    (Off topic - I figured out for OhioGAL is, i knew if i just looked for the smartest person, i would figure it out)

    If you're thinking that OhioGAL is anyone posting in this thread, you' re wrong.
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