What exactly is standard visitation?
Full Question:
What exactly is standard visitation? How is it broken down, and does the noncompliant parent have visitation rights when he lives out of town and does not pay child support? What can I do to limit his visitation? We were never married and he left the kids with me three years ago to move to California. Now he is stating he wants the children all summer, every school break and holiday, as well as custody. He is willing to pay just $300 per month child support. His name is on the birth certificate of the children.
He pays support "when he can" and it is under no court order to pay support right now. This has been a verbal agreement between him and I for the last three years. He has not lived with me for the last four years. The agreement we have had in the past was he had the children for one month in the summer. He would drive from California to Wyoming to see them in March for our daughter's birthday, then in July for our son's birthday. After our son's birthday he would take the children for a month and then bring them home.
He just changed things this year and now wants to go through court. He also thinks he needs custody. He barely pays child support (when he pays) and he has not helped with any of the medical bills or the cost of clothes for the kids either. The only thing he does is take them for a month in the summer and have fun time. It takes me any where from two weeks to a month to get the kids back into their schedules after they come home. Also when they return home they are mean and very hateful. I am not sure how to deal with their attitudes, but we have managed. He didn't begin the court proceedings until after I was planning on getting married. After I did get married he sent me a written bill for his and his girlfriend's expenses when they came to Cheyenne for our son's birthday.
02/08/2007 |
Category: Divorce ยป Visitation |
State: Wyoming |
#584
Answer:
You need to consult with a qualified Wyoming family law attorney and
negotiate a child custody and support agreement with the father. Common
child custody and support agreements can be worked out in a parenting plan
and can be ordered by the court or agreed to by the parents. These child
custody agreements generally address child support, legal custody issues
such as the health, education, and welfare of the child and physical custody
issues such as where the child will live and how often the child will have
contact with each parent.
Areas you will want to consider are set forth in the following sample:
children: of the marriage: (name each child and his or her gender and age)
and the named children shall reside with her. Such care, custody and control
shall continue with respect to each child until the child reaches majority or
sooner becomes emancipated, subject, however, to the visitation provisions
set forth in this agreement.state, zip code). Mother shall at all times keep Father informed of the
residential address of the children in her custody, and their location during
vacation and holiday periods if they will be away from their normal residence
for more than ___days in succession.
Father shall have the right to visit the children, individually or together, at
their place of residence with Mother, at reasonable times and at reasonable
intervals and to have the children, or any of them, accompany him from
their place of residence at reasonable times and for reasonable periods
provided that he shall not keep any of the children away from their residence
later than (time of day) on any such occasion, without Mother's consent.
Father shall have the privilege of having the children, or any of them, visit
him at his residence and stay with him (not more often than twice per
calendar month or as the case may be) on weekends and during holiday
periods for not to exceed (48 hours or as the case may be). During such
periods when the children or any of them are with Father, he may take
them on short journeys as he may choose and they may desire, provided
that he shall not without the prior consent of Mother take them from this
state.
Father shall make prior arrangements with Mother for each such weekend
or holiday visit at least _______days prior to the commencement of the
visit.
The rights of visitation expressed herein shall not be exercised by Father at
any time or in such a manner as to interfere with the education and normal
social and school activities of any of the children. The parties may freely
agree to any different arrangements for exercise of the visitation rights of
Father, from time to time, as future exigencies and the welfare of the children may require, but no such substitute or additional privilege shall be
deemed to amend this agreement, unless expressed in writing and signed by
the parties.
Each of the parties shall at all times in good faith endeavor to maintain in all
the children respect and affection for the other party.
Notwithstanding her general custody of the children, Mother shall confer with
Father from time to time with respect to the welfare of the children, or any
of them, and particularly as to educational, health and disciplinary matters of
a substantial nature, such as, by way of examples, during the serious illness
or prior to a scheduled operation of any of the children, or in connection with
the selection of a college for the higher education of any of the children.
It shall at all times be the objective of both parties to decide all questions
affecting each of their children in such manner as to promote the welfare,
happiness and well-being of the children.
Father shall pay to Mother for the support, maintenance, care and education
of each child in her custody $__________ per month, beginning (date).; On
the occurrence of the first to occur of any of the following events with
respect to each child, the obligation of Father to pay support for that child
shall terminate at the end of the month in which such event occurs: (1) the
death of the child; (2) the attainment of the child's __________birthday; or
(3) an emancipation event as defined below.
For the purposes of this agreement, a child in the custody of Mother shall
become emancipated on the occurrence of any one of the following events:A. The valid marriage of the child;
B. The full and permanent employment of the child gainfully and for a
reasonable living wage, excluding vacation and seasonal employment of a
temporary nature;
C. The induction, enlistment or entry on active duty in the Armed Services of
the United Statesfor a term of service of not less than (one year or as the
case may be).
The emancipation of any child shall be postponed beyond the event that
would otherwise result in his or her emancipation if, at the time of such
event, the child is enrolled as a full-time student in an accredited institution
of higher learning. Instead, the emancipation event for any such child shall be
the date of the child's graduation from that institution, provided, however,
that the emancipation of any child shall not be extended beyond the child's
_______birthday.