Access Impasse - whats next?

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rimanel

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We are in an access discusion impasse...both of us want primary residence for a 4 year old and mediation is fruitless....

What do we do now? File for interim access? anything else?

Any advice / perspective will be highly appreciated.
 
As unfair as it may seem, (I'm not sure from your user name your gender), however the mother generally is awarded interim custody which turns into full custody unless otherwise demonstrated. Since you are unable to mediate, I'd venture to state that shared parenting would not fly as you would have to have a certain level of communication and give-and-take in order to be awarded such.


I would seek full liberal access, every week if you are close enough, or alternating weeks with 50% of all school scheduled holidays, your birthday, alternating birthdays for the child, (or shared) and a Claus for extended/unexpected access for, but not limited to things like anniversaries, family reunions, weddings, extended family birthdays, or special events etc.

If I could turn back the clock, I would have had my husband seek to have all access clearly defined in the first motion as it felt like she was nit picking way through the issues. There always was some issue that the courts left for “the parties to mediate” and come to an agreement on, on their own. Had we been thinking, having it all resolved from pre-school to full time school etc, we would have saved a lot of emotional upset for all involved not to mention travel and court costs and lost work.
 
Well put FL.

I made sure that we had a tightly sealed court order, indicating a basis for everything from Christmas to school concerts! This way, if there is ever a time when an agreement cannot be reached, we have the court order to fall back on.

Make sure you document everything... including how often and for how long you see your kids.

You will need to show proof that you maintained a stable schedule and if you didn't, reasons why.

It will be a tough battle, but don't give up. It is possible to prevail! Even if it often does not seem like it!
 
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