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?
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4 Comments on Divorced Dad Needs Legal Advice Regarding Visitation Requirements?
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buckeye4 on
Sun, 17th Jan 2010 11:31 am
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site builder
on
Sun, 17th Jan 2010 1:00 pm
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Colleen O on
Sun, 17th Jan 2010 2:44 pm
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site builder
on
Sun, 17th Jan 2010 3:00 pm
Unfortunately yes, this must be a fresh divorce. Give it time.
She can’t make you take him, but she does not have to switch weekends with you or let you make it up at another date/time. And, if you put specific dates in your agreement (how’d you do that anyway? all the way until the child is 18?) that could appear as a violation of your agreement should you find yourselves back in court. I’m sorry she’s being inflexible with you.
No she can not legally force you to take your son on ANY of your visitation times, that is NOT what the court order is for. The order of visitation is set up so that the custodial parent does not attempt to keep the non-custodial parent from seeing the child. In otherwords it is to your benefit, it is not there in order for YOU to be a babysitter whenever SHE wants time off from being a mother. I suggest you discuss the problem with your lawyer, maybe hearing it from the court will make her realize she is being selfish.
Unfortunately she isn’t willing to work with you. No you don’t have to take your son for that weekend, but she also doesn’t have to switch either. I would ask her if she has someone in mind that you can contact to take him for that weekend. This way you aren’t dropping the ball on her, and you are showing respect that she already has plans. I would also talk with my emploer for future weekend commitments and lat them know that you don’t see your child very often and would like to make sure that all business trips are planned on your “off” weekends. Good Luck
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