Legal Question in Family Law in Kansas
Hello,
My fiance is struggling with his daughters mother, and visitation. He has been very accomodating, and patient with her. However, his daughter is almost 3 and she has yet to have an over night with her father. He does everything he can to see her. Until recently his job kept him away for months at a time. He has also been laid off since May, and has been doing everything he can to find a steady job. She is threatening to not let him see his daughter until he gets his child support current. We live 5 hours from them, and he has asked many time, if she would consider meeting him halfway, but she always says no. So if he wants to see her, he has to drive the five hours there, and the five hours back to where we live. Which he does as often as he can. They have no standing visitation order in place. She has been very negative towards him, and often belittles him, and says awful things about him. She has not been very willing to work with him, or has she made any effort to help their daughter build a relationship with her father. In fact, when his daughter was younger, the only way she would let him see her was if he went to her house, and stayed there. When his daugher was about 2, she began letting him take her for the day. It is hard for him to bound with her because he is not able to do so in his home, but has to take her to his parents home because she is not willing to meet him half way, or even let their daughter stay the night. He would just like the establish a visitation schedule, nothing more, nothing less. He believes that she is a good mother, but he would like to be able to see his daughter.
1 Answer from Attorneys
It may be tiem for the court to set a visitatioon schedule. If he writes to his ex and says, that because she preventing normal vistation he is going to seek an doirdr from teh court setting vistation and for her to pay his attonrey fees. This may cause her to become more reasonable. Or, since there is nto custody or vitation order, he may be able to simply take his daugher home and then file for the custody/vistiaton order. If you are worng, and therie is a custody/vistation order (often is if there is a child support order in place) then taking the child home may get him in trouble. Therefore, he should consult directly with a fmaily law attorney in his area. to see what his position and options are. Many attorneys offer a free or low cost initial consultation.
Good luck
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