How can I find out if my parenting plan for my daughter is still valid? 22 Answers as of June 12, 2013

I'm trying to find out if my parenting plan that me and my daughter's mom set up is still valid. I call my daughter all the time and stay current on my child support. I have not been able to see my daughter in almost 8 months. All I want to do is see her and spend time with her. Can you please help me? I do not know what else to do. The court system makes it so hard for me to even get help with this situation.

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The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
if you are in northern New Jersey, or your daughter lives in northern new jersey, call me and i will try to assist. it sounds like you need to go to court and get the Judge to order that you be allowed to see your child.
Answer Applies to: New Jersey
Replied: 12/20/2012
Attorney at Law | Aimee C. Robbins
If it was never modified in writing and notarized it should still be valid as a contract, which she is breaching. If it was incorporated but not merged into a court order, you could use the contempt powers of the court to endorse it.
Answer Applies to: Maryland
Replied: 12/20/2012
Elniski Law, P.C. | Keliann Elniski
Your parenting plan? Is it or was it the result of a judicial proceeding? If it was an agreement made in good faith or court ordered, then as long as there is no superseding court order, temporary order, or subsequent agreement, it remains in effect. If you have visitation rights under this plan and it is being withheld for no apparent reason, you have a right to enforce your rights under the plan. You should seek the advice of counsel.
Answer Applies to: New York
Replied: 12/21/2012
Hamblin Law Office | Sally Hamblin
If the parenting plan was authorized in court, and you have not been notified of changes, it is valid. If not being followed, talk with Friend of Court.
Answer Applies to: Michigan
Replied: 12/20/2012
Lombardi Law LLC
Lombardi Law LLC | SUZANNE LOMBARDI
If your parenting plan was made in the Alaska courts it should still be valid. You do not say how long it has been since it was made. The way to enforce your plan is to go to court and file a Modification of Custody and advise the court that your ex is not following the parenting plan if that is the case. I would suggest that you hire an attorney to fight for your right to see your child.
Answer Applies to: Alaska
Replied: 12/20/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If your parenting plan was approved by the Court, then it is still valid as a court order unless there has been a subsequent court order modifying it. If you believe, or the child's mother says, the original plan has been modified, you can go to the court and ask to review the case file to see if there was ever a modification order that you did not receive. If there is no subsequent order, the plan should still be valid. If your original plan was never approved by the court, then it may or may not be binding and enforceable and you will need to do something to get the court to adopt the plan or a new one.
    Answer Applies to: Colorado
    Replied: 12/20/2012
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    No, the court system does not make it hard, you just need to understand how the system works. The last plan that the court entered is in effect. If your ex- is violating the order, you need to go to court and ask for her to be held in contempt for not complying with the order. However, if you have been abusing drugs or alcohol and may be a danger to your child, she may have a legitimate reason for not allowing the child to be with you. You need to meet with an attorney and explain all the details of the situation. Bring a copy of all the pleadings regarding the child custody arrangement.
    Answer Applies to: Idaho
    Replied: 12/19/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If your court order does not set forth specific dates times and places for visitation, return to court on a motion requesting that clarity. If your order is that clear, contact your local police so they can assist you on exercising your visitation.
    Answer Applies to: California
    Replied: 12/19/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you have not gone to court to change the order, the previous order is valid. If the other parent is not complying, you might need to either seek a modification or to file contempt charges for the violations to the current order.
    Answer Applies to: California
    Replied: 12/19/2012
    Law Offices of Sherrie L. Davidson, LLC | Sherrie L. Davidson
    If your case has not been dismissed or closed, the most current orders will remain in effect until otherwise modified and filed. If the police are needed to enforce a visitation order, make sure you have a certified copy of the court's orders.
    Answer Applies to: California
    Replied: 12/19/2012
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    Do you have a written order and agreement that was approved by an IL court? If so, we will be glad to review it for you.
    Answer Applies to: Illinois
    Replied: 6/12/2013
    Richard D. Zasada, LLC | Richard D. Zasada
    Generally, unless you were served with papers or received an order amending or changing the previous order it would still be in place. You can file a motion for contempt or motion to enforce the order. FYI: an order should have been filed with the Court incorporating that parenting plan.
    Answer Applies to: Florida
    Replied: 12/19/2012
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    The plan is valid until it is changed. File a motion to enforce the custody and visitation plan.
    Answer Applies to: California
    Replied: 12/19/2012
    Victor Varga | Victor Varga
    If the parenting plan was incorporated into a court order, then file for contempt.
    Answer Applies to: Maryland
    Replied: 12/19/2012
    John Russo | John Russo
    What do you mean by the system making it hard? If you mean they won't help they can't, you either retain counsel, or spend time researching proper procedure.
    Answer Applies to: Rhode Island
    Replied: 12/19/2012
    Elmbrook Law Offices
    Elmbrook Law Offices | Gregory Straub
    There are a few questions that need to be addressed first 1. Have you signed any amendments to the parenting plan you agreed to 8 months ago? 2. Have you received notice to appear in Court in the past 8 months? 3. Have you gone to the clerk of court's office in the County where your action took place and pulled your case file to see if there is anything that has been newly added to your file? 4. Why is the child's mother prohibiting you from seeing your child? Has the mother indicated why she is withholding the child from you per the terms of your agreement? Those questions need to be addressed before a complete answer can be assembled regarding your question detail.
    Answer Applies to: Wisconsin
    Replied: 12/19/2012
    The Law office of Karla M Mansur
    The Law office of Karla M Mansur | Karla Mansur
    The first thing you need to do is review the parenting plan and separation agreement. The terms of the parenting plan will be contained in the agreement. If the agreement was submitted to the court and approved then it entered as a court order and it will still be valid so long as it has not been modified. For a court order to be modified there needs to be court action taken and you would have had to have been notified before any changes to the agreement occurred.
    Answer Applies to: Massachusetts
    Replied: 12/19/2012
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    If the order has not been changed, then it is still in effect. If the mother is not following the order (regarding visitation or other terms), then you have to file what is called a petition to enforce the Order or a petition for contempt for failure to abide by the order. I would suggest contacting an attorney to discuss your options.
    Answer Applies to: Arizona
    Replied: 12/19/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    In Nevada a parenting plan is current until a court orders different. If the mother is not complying with the parenting plan you can file a motion for makeup visitation, or change of custody or motion for an order to show cause.
    Answer Applies to: Nevada
    Replied: 12/19/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    Unless there has been a new order, your parenting time order is still in effect. If it is not being followed, hire an attorney to file a motion to enforce the order.
    Answer Applies to: Michigan
    Replied: 12/19/2012
    Law Office of Phyl van Ammers | Phyl van Ammers
    I don't know what you mean about the court system. If you have an order or judgment signed by the judge, go down to the courthouse and get a copy of it.
    Answer Applies to: California
    Replied: 12/19/2012
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    If there is a court order related to possession, then everyone is supposed to live by its terms. I suggest you obtain a copy of the order and request the other parent to abide by its terms. If the other parent refuses to do so, you can file a motion to enforce the order. I suggest you hire a lawyer.
    Answer Applies to: Texas
    Replied: 12/19/2012
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