Question:
My ex-wife is constantly interfering with my Indiana minimum visitation time, she broke the “first right of refusal” by hiring a babysitter for the kids about 12 times last month. My lawyer told me that we cannot do anything and that there are worse cases than mine. Further, my lawyer stated that she cannot contact the judge because he is too busy. Is this something that I have to just “suck up” and take as my lawyer says, or should I get another counselor?
Answer:
Whether your current attorney is correct or not, your custodial rights are too important to accept an adverse situation without a second opinion from an attorney experienced in custody cases, such as the attorneys at Cordell & Cordell. Rights of first refusal can be poorly drafted or not vigorously enforced by local courts. A qualified attorney can assess the issues as to enforcement of your right of first refusal and perhaps other visitation enforcement or enhancement strategies.
Richard Coffee is a Litigation Manager in the Belleville Illinois office of Cordell & Cordell. He is an experienced divorce attorney whose practice is devoted to domestic litigation. He is licensed in the State of Illinois and is admitted to practice law in the U.S. District Courts for Northern, Central and Southern Illinois.
Mr. Coffee has extensive domestic litigation trial experience representing clients in courts throughout Illinois on all aspects of domestic litigation, including the representation of clients who are current or retired military personnel with issues under the Soldiers and Sailors Civil Relief Act and the Uniformed Services Former Spouses’ Protection Act, clients involved in state court jurisdictional disputes due to the relocation of one or both parties from or to Illinois, and clients with government or private pension benefit valuation and division issues.
Morning Radio Co-Host South Florida
I am in South Florida, divorced approximately a year. My ex wife takes frequent business trips and I specifically had ROR written in to the divorce agreement.(Currently have 60/40 visitation which I am sorry that I didn’t push for 50/50.) The divorce agreement specifically states ROR when either spouse cannot be there on the overnight. Initially, she balked at offering ROR and violated it on several documented occasions. I had my lawyer file a motion requesting make-up time for her failure to offer me ROR mentioning those specific days (I knew that there were more which would be uncovered upon filing for discovery requesting her business/travel calendar/company credit card records.) She quickly consented to an agreed order giving me compensatory time for the days that she did not offer me ROR after the motion was filed. I am extremely glad that I filed the motion and have had no trouble or violations since regarding ROR sometimes getting up to a week extra a month with my kids ages 11 and 14. My advice-ask for ROR on the overnights or specify an amount of time granting ROR. Don’t ignore violations and address any violations immediately through your attorney.