Saturday, September 12, 2009

Father’s Rights: Are You Ready For Some CHRISTMAS?

Hi Fathers.  And Merry Christmas! But it’s September, you say.  Why wish you a Merry Christmas now?  Because if you’ve problems in the past exercising your father’s rights to see your kids for Christmas, then NOW is the time to think about fixing it THIS time. Here are 6 steps to make sure that happens.


 

See, I’ve been a lawyer for 15 years.  I’ve practiced in several states.  And one thing I have seen is this: if you’ve had difficulty getting Christmas visitation with your kids in the past – you’ll have it again this year.  So start NOW, laying the ground work to turn that around once and for all.

 

1. Read your Order and figure out specifically what dates your parenting time begins and ends.

2.  Send her a letter (certified mail), specifying the dates.  Include this language: “If you disagree with this interpretation of the Order, respond to me in writing by <give her a specific date to respond>.  If you do not respond, then you agree that this interpretation of the Order is correct and I shall make plans accordingly.”

3. If she does not respond, then on <specific date to respond>, send her another letter (certified mail), stating: “You did not object in writing to my letter of <date of last letter>.  Therefore, you agree that this interpretation of the Order is correct and I shall make plans accordingly.”

4.  If she does respond, look at her objection.  She cannot object that the kids don’t want to see you; that you have never visited them in the past; or that they have plans with her new boyfriend or husband.

5.  If you decide her objection is worthless, send her a letter (certified mail), stating: “Your objections are not correct.  You have not stated a legitimate objection to my letter of <date of last letter>.  Therefore, you agree that this interpretation of the Order is correct and I shall make plans accordingly.”

6.  if her objections are valid, then use her objections to come up with the correct dates, and repeat the process.

 

Courts generally will not treat problems with holiday visitation as an emergency, unless you can show that she is reneging on an agreement or violating a court order about the holiday.  The above establishes that:

  1. she agree with your interpretation;
  2. you made plans based on her agreement;
  3. her reversal is a sudden and unforeseen event requiring immediate action to prevent harm (that’s the definition of an emergency).

So, start NOW to get your Christmas with your kids.  Are we guaranteeing this will work?  No.  We don’t know you, your background ,your judges or even your state’s laws.  But this method will lay the groundwork for you to go to court and set forth your best case FOR getting the time.  And that’s what this blog is all about.

 

ABOUT THE AUTHOR:
The FATHER’S RIGHT LIBRARY was written by Rick Carter, a 15+ year veteran of family law courts in several states.   The LIBRARY was developed to educate you on your rights as a father and also to help you develop the most aggressive strategies for family law court.  Because for too many judges, parental rights means “whatever mom wants.”  Reclaim your father’s rights.

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