QUESTION
How can I find out if my parenting plan for my daughter is still valid?
Asked on Dec 16th, 2012 on Child Custody - Arizona
More details to this question:
I'm trying to find out if my parenting plan that me and my daughter's mom set up is still valid. I call my daughter all the time and stay current on my child support. I have not been able to see my daughter in almost 8 months. All I want to do is see her and spend time with her. Can you please help me? I do not know what else to do. The court system makes it so hard for me to even get help with this situation.
12 ANSWERS
Do you have a written order and agreement that was approved by an IL court? If so, we will be glad to review it for you.
Answered on Jun 12th, 2013 at 12:24 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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If it was never modified in writing and notarized it should still be valid as a contract, which she is breaching. If it was incorporated but not merged into a court order, you could use the contempt powers of the court to endorse it.
Answered on Dec 20th, 2012 at 2:07 PM
Suzanne H. Lombardi
If your parenting plan was made in the Alaska courts it should still be valid. You do not say how long it has been since it was made. The way to enforce your plan is to go to court and file a Modification of Custody and advise the court that your ex is not following the parenting plan if that is the case. I would suggest that you hire an attorney to fight for your right to see your child.
Answered on Dec 20th, 2012 at 7:34 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If your parenting plan was approved by the Court, then it is still valid as a court order unless there has been a subsequent court order modifying it. If you believe, or the child's mother says, the original plan has been modified, you can go to the court and ask to review the case file to see if there was ever a modification order that you did not receive. If there is no subsequent order, the plan should still be valid. If your original plan was never approved by the court, then it may or may not be binding and enforceable and you will need to do something to get the court to adopt the plan or a new one.
Answered on Dec 20th, 2012 at 7:33 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, the court system does not make it hard, you just need to understand how the system works. The last plan that the court entered is in effect. If your ex- is violating the order, you need to go to court and ask for her to be held in contempt for not complying with the order. However, if you have been abusing drugs or alcohol and may be a danger to your child, she may have a legitimate reason for not allowing the child to be with you. You need to meet with an attorney and explain all the details of the situation. Bring a copy of all the pleadings regarding the child custody arrangement.
Answered on Dec 19th, 2012 at 4:45 PM
Child Custody Attorney serving Ontario, CA
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Law Offices of Sherrie L. Davidson LLC
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If your case has not been dismissed or closed, the most current orders will remain in effect until otherwise modified and filed. If the police are needed to enforce a visitation order, make sure you have a certified copy of the court's orders.
Answered on Dec 19th, 2012 at 4:45 PM
Generally, unless you were served with papers or received an order amending or changing the previous order it would still be in place. You can file a motion for contempt or motion to enforce the order. FYI: an order should have been filed with the Court incorporating that parenting plan.
Answered on Dec 19th, 2012 at 2:36 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The plan is valid until it is changed. File a motion to enforce the custody and visitation plan.
Answered on Dec 19th, 2012 at 2:32 PM
Bankruptcy & Debt Attorney serving Brookfield, WI
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Elmbrook Law Offices, LLC
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There are a few questions that need to be addressed first 1. Have you signed any amendments to the parenting plan you agreed to 8 months ago? 2. Have you received notice to appear in Court in the past 8 months? 3. Have you gone to the clerk of court's office in the County where your action took place and pulled your case file to see if there is anything that has been newly added to your file? 4. Why is the child's mother prohibiting you from seeing your child? Has the mother indicated why she is withholding the child from you per the terms of your agreement? Those questions need to be addressed before a complete answer can be assembled regarding your question detail.
Answered on Dec 19th, 2012 at 2:19 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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If the order has not been changed, then it is still in effect. If the mother is not following the order (regarding visitation or other terms), then you have to file what is called a petition to enforce the Order or a petition for contempt for failure to abide by the order. I would suggest contacting an attorney to discuss your options.
Answered on Dec 19th, 2012 at 2:17 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Unless there has been a new order, your parenting time order is still in effect. If it is not being followed, hire an attorney to file a motion to enforce the order.
Answered on Dec 19th, 2012 at 2:17 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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If there is a court order related to possession, then everyone is supposed to live by its terms. I suggest you obtain a copy of the order and request the other parent to abide by its terms. If the other parent refuses to do so, you can file a motion to enforce the order. I suggest you hire a lawyer.
Answered on Dec 19th, 2012 at 2:17 PM