Legal Question in Family Law in Washington
visitation
My husband has his 13 year old daughter every other weekend. His daughter has been very clear she wants to come over more. She and my husband have asked her mother for more visitation, which she has consistantly denied. His parenting plan states he should have her for ''an additional reasonable amount of time''. SHouldn't the daughters wishes be considered? How should that be carried out? She would like to come over for family partys and 2 extra overnights a month. Also she would like to come over more in the summer. THe mother also interupts our vacations we have planned well in advance to take her out of town. THe daughter calls him crying saying she wants to come over and it turns into a big ordeal because the mother won't let her. The daughter is very upset over these incidences.
1 Answer from Attorneys
Re: visitation
Usually it is extremely difficult but not impossible to achieve the result you seek.
Your husband is fortunate however to have the special language in the parenting plan about extra reasonable time.
This makes things less difficult.
I would usually proceed patiently along the following lines. I would first identify the problem to the mother in writing in non-confrontational terms and invite her to participate in a solution. I would propose a parenting plan that identified the specific extra time since the parents have been unable to agree. If the mother agreed to that the problem is solved.
If the mother does not agree to the informal proposal I would then invite her -- again in nonconfrontational terms -- to participate in the dispute resolution process identified in the parenting plan. At this point I would also consider starting counseling for the father and daughter to seek help in dealing with the problems in a way that does not impair the daughter's relationship with the mother. I would invite the mother to participate in this process, including the selection of the counselor.
If this failed then there is no option left but court.
Naturally every situation differs and my approach might be different depending on the actual dynamics of these parents and their child.
On the interruption of visitation issue, it is important to make a record of the transgression and request make-up time for time lost. Any such letter to the mother should be non-confrontional and should propose a reasonable time and method of make-up visitaiton.
It is very important for letters to the mother not to appear self-serving or confrontational because they will certainly become evidence in any hearing.