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[QUOTE="robwbright, post: 1155936, member: 60515"] I know that's the part that bothers you - and as I mentioned, I agree that it is badly written. However, there are a couple reasons I wouldn't be too worried about it. 1: I don't think any Court would order two parties who don't like each other to have visitation based on those parties agreement outside of Court - that would be stupid and would only lead to more litigation - which the Judge doesn't want as many Judges are, shall we say, lazy. 2: The general tenor of the law in every state I've ever heard of is to give more and more input to the children the older they get. Sometimes there's even a bright line test - in WV, when the child reaches age 14, the child gets to pick and the parents don't have any say unless there is abuse or drug use or something else. 3: The fact that the term "each parent" appears twice. This is why it is badly written. In the first instance, it is referring to "each parent" individually - "The child shall visit with each parent". In the second case, it may be interpreted either way - each individual parent agrees or both individual parents agree. The fact is that if you are paying any ordered child support, you have a right to see your children. In a just court, your ex will not be given an order which interferes with that right. Of course, not all judges are just. If she wins you can always appeal. It's just a motion she made. People move Courts for a lot of things - many of which are not granted. I just represented a client in a custody hearing where the parents had a week to week 50/50 split of the 4 year old. The child was about to start preschool and both parents asked that they be given primary custody of the child during the school year - both parents argued that the child needed to be with one parent during the school week for stability. The judge held that there was no reason to modify the order because the parents and the child had done fine with the prior order. Both motions were denied. There's only so much the attorneys can do in these cases. If there's not a basis for the motion, there's not a basis. I warned my client repeatedly that she would probably not be successful, but she wanted to spend the $2000.00 and try. With motions has to be a basis for the motion in law, and the requested relief has to be reasonable and workable. If your ex is asking for what you think she is asking for, I would be shocked if the Court would grant it. You'd be back in Court a month later and the judge doesn't want that. However, it is very likely that the Judge would order that a 15 y/o be allowed to go to visit "each parent" whenever that child and that parent desires. That should help your case. BTW, if you are really worried, you could offer her a settlement arrangement. She seems to be upset about medical expenses arising from the "very dangerous" activity that you do with the children and she does not. You could offer to pay any meds arising out of the time that you have the children if she will pay all meds arising out of the time that she has the children. You could make that offer in exchange for her dropping all other requests. Finally, I won't lie to you - the Courts generally favor the mother in spite of the fact that the law does not permit such favor. And frankly, if I were you, I'd pray that you get a male Judge. One attorney I know recently told me that the female judge he is often in front of rules in the woman's favor 95% of the time in divorce and custody cases. [/QUOTE]
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