Monday, August 23, 2010

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?
No, she can't legally make you get your son any weekend at all. It's your choice to visit or not.





Since it's a work related issue, you have a few things to do. Send her a certified letter stating that you won't make it to that visit because your doing work stuff, and or find a family member who can take over while your gone.





She can try but if you have GOOD proof that you had work stuff they can't do ANYTHING to you.





If i was you, I would fine a babysitterDivorced dad needs legal advice regarding visitation requirements?
Poor kid.
Absolutely! If you don't show up she can file a contempt charge against you. Wouldn't one of your family members exercise your visitation for you? Can you switch your work issue?
If you are away due to WORK, she cannot force you to take your son. Tell her you cannot take him that weekend. She, in turn, doesn't have to give you a ';make-up'; weekend, either, but if she's a fit mother, she will. Time with your son benefits your son. Surely, you both realize this. Be sure to explain to your son why you cannot be there THAT particular weekend. Tell him you'll bring him a gift from wherever you are going (and do it). Call your lawyer and ask him this question, if you are uncertain.
No. Usually in joint custody it's the custodial parent whom if they didn't allow visitation would be in contempt of court, if the non custodial parent skips a visitation, then the visit is forfeited. You cannot make it up at another time.

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