Comments on: What do Courts Look at in a Custody Dispute II? http://www.memphisdivorcefamilylawyer.com/2008/07/02/what-do-courts-look-at-in-a-custody-dispute/ WE ARE SKILLED MEMPHIS DIVORCE LAWYERS AND MEMPHIS FAMILY LAWYERS OFFERING FLAT FEE UNCONTESTED MEMPHIS DIVORCES AND FREE MEMPHIS DIVORCE GUIDE Thu, 20 Nov 2008 16:11:15 +0000 http://wordpress.org/?v=2.3 By: lawyer http://www.memphisdivorcefamilylawyer.com/2008/07/02/what-do-courts-look-at-in-a-custody-dispute/#comment-754 lawyer Wed, 23 Jul 2008 23:18:49 +0000 http://www.memphisdivorcefamilylawyer.com/2008/07/02/what-do-courts-look-at-in-a-custody-dispute/#comment-754 Patrick, Your situation definitely doesn't sound normal. As a general rule a custodial parent cannot deny visitation that is set by the court. To deny visitation without a court order granting this right would be in violation of the court. In some cases it has even been a determining factor in giving custody to the other parent. However, this is usually only in situations that the court deems "egregious" and shocking. Without knowing more about your case I am unable to give you any more specific information. As to the continuations, those also seem excessive. I would recommend that you seek a second opinion of another local attorney regarding your case. Even if this costs you an hour's worth of fees for the consultatoin you should consider it money well spent. James This is not intended as legal advice. Please consult an attorney for all your legal matters. Patrick,

Your situation definitely doesn’t sound normal. As a general rule a custodial parent cannot deny visitation that is set by the court. To deny visitation without a court order granting this right would be in violation of the court. In some cases it has even been a determining factor in giving custody to the other parent. However, this is usually only in situations that the court deems “egregious” and shocking.

Without knowing more about your case I am unable to give you any more specific information.

As to the continuations, those also seem excessive. I would recommend that you seek a second opinion of another local attorney regarding your case. Even if this costs you an hour’s worth of fees for the consultatoin you should consider it money well spent.

James

This is not intended as legal advice. Please consult an attorney for all your legal matters.

]]> By: Patrick Jacobson http://www.memphisdivorcefamilylawyer.com/2008/07/02/what-do-courts-look-at-in-a-custody-dispute/#comment-473 Patrick Jacobson Sun, 06 Jul 2008 02:19:28 +0000 http://www.memphisdivorcefamilylawyer.com/2008/07/02/what-do-courts-look-at-in-a-custody-dispute/#comment-473 I have an issue; my Ex-wife moved from Georgia to TN 4 yrs ago; we "redid" the visitation; obviously living 35 miles apart and living 1100 miles apart (I live in Jax, FL) requires different agreements due to the logistical nightmare. Almost immediately, she started denying visitation (with convenient reasons usually, but sometimes, just blatant disregard) - appearantly, she was informed that it would be "financial suicide" for me to try and fight it. They were wrong. (becareful denying a parent visitation/access to their children, yes?) But they were not completely wrong - it has been almost 3 years, and I cannot get this thing heard in court! We are on our 12-13th postponement, each one more transparent than the last, is this common in Memphis? Tennessee wide? My children are now 11 and 15 - went through another divorce last year, and are "battle weary". Now I have a court date 3-4 months away. I don't mean to sound cynical, but it looks/smells like the next postponement and motion hearing, reset the clock for 3-4 months - rinse/repeat. Oh yea, my bill is north of 85K (just a scad over the $5K probable; $15K worst case scenario I was originally "sold"). Is there any recourse? Any way to propel the courts to hear my case? This is getting WAAAYYY beyond rediculous. The financial burden is so over the top; most of the legal advice I have received here in Florida is summarized this way: "...you must be wrong; there's just no way this could happen ..." I assure you: it can, and it is. I have an issue; my Ex-wife moved from Georgia to TN 4 yrs ago; we “redid” the visitation; obviously living 35 miles apart and living 1100 miles apart (I live in Jax, FL) requires different agreements due to the logistical nightmare. Almost immediately, she started denying visitation (with convenient reasons usually, but sometimes, just blatant disregard) - appearantly, she was informed that it would be “financial suicide” for me to try and fight it. They were wrong. (becareful denying a parent visitation/access to their children, yes?) But they were not completely wrong - it has been almost 3 years, and I cannot get this thing heard in court! We are on our 12-13th postponement, each one more transparent than the last, is this common in Memphis? Tennessee wide? My children are now 11 and 15 - went through another divorce last year, and are “battle weary”. Now I have a court date 3-4 months away. I don’t mean to sound cynical, but it looks/smells like the next postponement and motion hearing, reset the clock for 3-4 months - rinse/repeat. Oh yea, my bill is north of 85K (just a scad over the $5K probable; $15K worst case scenario I was originally “sold”). Is there any recourse? Any way to propel the courts to hear my case? This is getting WAAAYYY beyond rediculous. The financial burden is so over the top; most of the legal advice I have received here in Florida is summarized this way: “…you must be wrong; there’s just no way this could happen …” I assure you: it can, and it is.

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