Tuesday, November 22, 2011

Divorced dad needs legal advice regarding visitation requirements?

Ok i share joint custody with my exwife but she is the custodial parent who i pay child support to. I get my son every other weekend.The problem is i need to go away on a work issue and need to switch weekends with her but she has ';plans'; and refuses to help me out. My question is can she ';legally'; make me get my son that weekend? I have asked everyone i know to help me out but no one can watch him and i can't take him with me. The only problem i see is we signed in our custody agreement what days we would be responsible for.Can she still hold me to it?Divorced dad needs legal advice regarding visitation requirements?
She is just being spiteful. No, she cannot force you to take your child in unforeseen situations like this. She also can not use this as a reason to take you to court to take away your visitation. Unexpected situations arise, and she needs to understand that. If she doesn't want to swap weekends, you will lose that time though. If you want to try and keep the peace, explain to her that because of your job there is no way you can watch him and that you cannot find anyone to watch him. Inform her that if she would be willing to search for someone that she trust to watch him, you would be willing to pay the expense. If she doesn't agree, then tough. She will have to change her plans. It is one of the drawbacks of being a parent with custody. She will have to take the good with the bad. Your livelihood depends on your work, her livelihood doesn't depend on her taking a vacation. She needs to recognize this.Divorced dad needs legal advice regarding visitation requirements?
Depends on the state, but normally I would say that you are SOL. My ex switched weekends on me constantly until she finally just refused visitation unless she needed a sitter that weekend. Did she violate the custody agreement and visitation guidelines. Yes. Did the judicial system do anything about it? Hell no. She tried to get an increase in support, did not get it, then tried to claim that I was behind just so that she could get an extra 20 a week for arrearages. Guess what. They did not even check! I got a notice in the mail that I was going to pay another 10 dollars a week and that there would be a lien placed on my property until I was caught up. I had to take a day off of work to go from one room, to another right across the hall to show my payment records to the prosecutor to stop all this. They do nothing about visitation because it is not an issue that gets them re-elected.
In cases like this always check with your attorney or one who speciallizes in custody battles in your state. My opinion is that you did sign what days you would take him. Your only option may be to sign up for a babysitter service and pay through the nose. You don't want a teenager for this you want someone who is certified.





Most day care facilities do not run 24 hours and I dont think a boarding school would take him for the weekend. Check your phonebook for licenced and bonded childcare.





I do wish you well and good job on manning up for your child support and being with your son when you can. As a child of a dad who didn't do his job I do thank you. One day your son will too.
i don't think she can make you, it's what they would class as a reasonable request, tell her to grow up and stop being so awkward, explain to your son, you don't need to justfiy it to her, sounds like she's being selfish and her time out is more important than time with him,tell her you'll have him 2 weekends together
I think it depends on family law in your state. My ex and I have a custody agreement that he fought me hard for in court and won.... yet he never utilizes the agreement. She can't make you do anything. You will just miss a weekend with your son. She's probably just being spiteful.

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