Missouri  |  Family Law

Legal Question

Asked on: 4/20/04, 10:23 am

out of state visitation/restrictions

My brother is divorcing his wife after 17 years of marriage. They have 3 children, under 8. He has lived in California for the past 3.5 years where he works, and he intends to reside there permanently. He has made an average of 1 trip per month to visit the children in that time (in addition to extended holiday visits.) The parenting plan the mother has proposed is highly restrictive -- allowing for only one week of visitation in California per year after the children turn 6 (two are under 6,until the children are 12, at whch time he may have 2 weeks of visitation. He gets no major holidays now or in the future. There is also a clause which states that for every child he wishes to have visitation with in CA, he must have made 6 trips back to Missouri where they reside with their mother, in the preceding 6 months. Bottom line: VERY restrictive plan. Father is not a ''bad actor,'' there have been no substance abuse or other parenting ''fitness'' issues, he has provided very well for the children and their non-working mother during the marriage and continues to do so. The question is, is this plan ''reasonable?'' The quid-pro-quo of the visits back to MO in order to ''earn'' visitation in Ca seems highly unusual and to me, unconstitutional.

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