Can I get in trouble for not wanting to exercise my visitation per divorce decree?

Question

Since my divorce we've verbally agreed that I'd get them alternating weekends and that I could not pick them up for mid-week or summer vacations. Now she's got a social life she wants me to take them more time as stated in the decree. We've followed the alternating weekend schedule for almost 3 yrs. now. SHe's taking me back to court and her attorny is threatening me. I thought visitation was my privilege and if I so choose to not see my kids there's nothing that can be done. Is this correct? Please advise.

OK. After reading some answers I need to make things a bit clearer. I have always paid her child support on time. I DO get my kids every other weekend, I do coach their little league, I attend every event they are in. With my work schedule I work late and travel on occasion. I cannot do the midweek visits, or for summer for the whole time I would have to put them in daycare and they would not like that. Besides we don't live in the same town which also makes it hard. FYI I was dumb and didn't have an atty when we divorced so I was not consulted during the scheduling of visitation. I just signed the papers - stupid me. But I"m sure many have just done it to get it overwith. So do not think I don't want to see them, it's that there's other circumstances that hinder that. I do whatever I can for my kids when I can.

I live in the State of Texas.

Answer 1

No, you cant get into trouble...you just lose out of the time you get with your kids...your decision...

Answer 2

Visitation is not your privilege it is your right...(they are called visitation rights)..I work in the Family Courts...and as long as you are abiding by your agreement in the Final Judgement of Divorce then you are fine..She can not force you to take the kids on more than what's stated in the decree..if you want to on your own as long as you have a mutual agreement with your ex then that's fine but she can not make you just because she wants to run the streets or threaten you by taking you back to court to either amend or revoke your visitation. Tell her attorney his or her threats are not only not valid but can result in you filing a grievance against that attorny for harrassment....Once again..as long as you are abiding by the court order...you have nothing to be worried about.
However you said you VERBALLY AGREED to have them alternating weekends and not mid week or for the summer...BE CAREFUL and follow your visitation order on the FJD....if you do not have one..then get one...

And there is a difference between visitation and babysitting....true..one would think that you would love to see your children as much as possible....but once again that doesn't mean she can force you to watch them everytime she wants to go out...that's not fair...what if you have something to do? What if you just want some alone time....I believe as long as both of you are good,loving and supporting parents,then you are both entitled to that from time to time..

Answer 3

This is correct,seeing your children is your own choice. Most women she it as your own lost and don't go back to court. But your EX is obviously at her last end with your situation. She probably is going to ask the judge to strip you of any visitation period. Because you couldn't even follow the every other weekend or vacation visits. She is going to lay out a pattern of canceled visits. I'm sure she'll imply you put your children in an unhealthy emotional roller coaster. I think you might loss all you visitation privileges, you should really try and talk to her.

Answer 4

You sound like great father material. I couldn't figure out who you were talking about in your first sentence - you just refer to "them".
Later on, I see you're referring to your kids.
Visitation is not a privilege - it is a right. You have the right to see them or not, as you choose. If you choose not to see them and this goes back to court [are you doing this so that your ex can't have more of a social life] you can tell the judge that you don't wish to visit your kids.
You can't be forced to see them - and if you don't love them - why would you? That would be a waste of everyone's time - you wouldn't enjoy being with them, and they sure wouldn't want to be with you. Kids pick up on things real fast.

Answer 5

It varies by state but I guess my question to you would be why you didn't want to see the more? Where I live a father cannot be forced to see his children, in fact, the state has a hard time enforcing payment of child support, as my ex has been behind several times. Contact your atty and see what they say. But, you might want to think about taking the extra time with the kids.

Answer 6

Why would you NOT want to have your kids more? Just to get back at her in some petty way?

Sorry, but that is just how it sounds. You should be overjoyed to have your kids as often as you can...

Get yourself an attorney. If you are going to have them more, maybe you can get a reduction in your child support. You could totally scare her and come back and ask for them FULL time with her having your arrangement and she could pay YOU.

Hey, it is all about what kind of a jerk you really want to be.

Answer 7

I would say this is correct, if you choose not to take your kids outside of the visitation schedule that's already laid out, then you don't have to. You don't even have to get them according to the visitation schedule. You're kids will understand one day everything that is going on and they will see your true colors though.

Answer 8

You can't get into trouble but they can and probably will take away your visitation IF you don't have a valid reason for not taking your visititation. Work is a valid reason, sickness, personal vacation, etc.

Saying you just don't want to is not a good reason. Once you loose it, your ex will have the sole right to say yes or no to you seeing your kids.

Answer 9

Visitation is your privilege and if you choose to not see your kids there is nothing they can do about that. But if she wants to get remarried and you haven't seen your kids in so length of time her new husband can adopt the kids and there is really nothing you can do about that. But no matter if you see your kids or not until her new husband ( if she gets married again) adopts them you have to pay child support.

Answer 10

My question is ... why wouldn't you want your children?!

I don't understand either of you. When you have children you are a parent first and forth most. I don't understand why your wife would even think of taking you back to court in the first place. But I also don't understand why you wouldn't welcome the extra time with them.

I guess I've never heard of someone NOT wanting their time with their children. I pray that your children never find out what his happening between you and your ex.

Children should be wanted and loved unconditionally ... not seeming to be a burden to their parents.

I wonder what this world is coming to sometimes.

Answer 11

extremely frankly, on the age your doorstep-daughter is, any court may probably comply with this. Your only desire is to employ an criminal specialist to symbolize you and your husbands interest. IMO, the youngster's mom needs to be presented before the court to justify why her baby has been allowed to run wild even as in her custody. it truly is my view that Momma hasn't been doing her interest wisely. She is the custodial figure and as such, must have a much better grip on her daughters reins that what you've evidenced. You and your husband ought to pick to think about countersuing for custody of his daughter before he finally ends up a grandfather, way before he envisioned. Your husband has each and every top to provide up parental rights to his daughter. That being stated, he needs to imagine of the emotional damage which will do to her contained in the destiny. even as, she ought to imagine it is an truly good concept in the present day, contained in the destiny, she will be in a position to come back to resent him and experience as if he did not love her, and that is the reason he relinquished all rights to her. The turn aspect of it is that he may no longer be to blame for baby help, yet neither may he be entitled to have any say in his childs existence, top, incorrect or detached. it is a few thing to be considered with a lot gravity. once there, there is no turning decrease back. you could't regain parental rights, once you relinquish them.