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  1. #1
    Join Date
    Jul 2012
    Posts
    6

    Default What Kind of Visitation Plan Will I Get

    My question involves a child custody case from the State of: Kansas
    I am curious what kind of parenting time i will most likely be given. Here is the short story of the situation. I have not seen my children in 13 months due to my ex dening me visitation. My kids are 5 1/2 and 4/12. I have made endless attempts to contact my ex to see my children. He continues to move and we have joint legal custody. He has residental.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Kind of Visitation Plan Will I Get

    Do you actually have a visitation plan in place?

    What does it say, word for word (minus names)?

  3. #3
    Join Date
    Jul 2012
    Posts
    6

    Default Re: What Kind of Visitation Plan Will I Get

    Yes, but he has not followed it for a year. So i have filed a Motion for change of custody with enforcement of immediate parenting time.

    every other weekend from friday at 5 to sunday a 5 wed. evening from 6-8 and alternating birthdays/holidays.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Kind of Visitation Plan Will I Get

    I doubt you'll get custody changed if this is the first time you've filed such a petition.

    How many times did you actually go over to Dad's to pick up the kids?

  5. #5
    Join Date
    Jul 2012
    Posts
    6

    Default Re: What Kind of Visitation Plan Will I Get

    Only once, the next time he had moved and then moved again and again! He cant keep a job and will not provide me any information about the kids. School, Doctor, address, etc. Will he get away with that?

  6. #6
    Join Date
    Jul 2012
    Posts
    4

    Default Re: What Kind of Visitation Plan Will I Get

    Considering you have waited 13 months to file anything with the courts, yes, he probably will get away with it. By "get away with it", I mean he will probably not have any punishment bestowed upon him. If there is a current court order, he will probably get a slap on the wrist and be ordered to follow the order and allow you visitation with the children. The judge will probably also want to know why you waited over a year to contact authorities in an attempt to see your children. Most involved and caring parents would not wait all that time, they would be in court or on the phone with the police within hours or days trying to find their kids. You should have filed something after the first denial. You also should have contacted the police and petitioned the court when he moved and failed to notify you of the whereabouts of your children. That sounds like parental kidnapping to me, but I'm not sure how a judge will react to your inaction for such an extended period of time.

    Also, do you have any proof that you made any attempts to contact your children or your ex? Do you have any documentation proving you attempted to find their whereabouts? If not, your ex could very well say that you voluntarily abandoned your children and are now attempting to reinstate a relationship. If you have no proof of his denials and made no efforts to find them, you will end up looking very bad in court and he could very well have the court order modified to allow you even less court ordered time with the children. Are you ordered to pay child support? If you are, you should have been able to contact child support enforcement to obtain his current address. If you are ordered to pay child support but did not pay any child support through child support enforecement and also didn't make in person payments, you could be very far in arrears at this point in time! However, if that is the case, that will also raise the question for him to answer of why he hasn't reported your non-support of the children.

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