I need help with child visitation plan not being followed. I know I'll have to go to court, any help out there

Question

My ex picks up our kids every other Saturday at noon and drops them off at 7pm on Sunday. Legally, he should have them for two overnights (6pm Fri-6pm Sun). Some Saturdays it's like pulling teeth to get him there on time, or he has to work, or some other excuse. I have often not been able to drop the kids with him until 7pm on Saturday. I hate to complain but I can't make plans for my weekend because of his inconsistency. I'm gearing myself for a fight in court, any suggestions. He also only pays $450 a month for three kids...

Answer 1

In most states, the custodial parent is paid child support based on the salaries of both parents, and the number of over night visits. Once the visitation schedule is set, one has to go to court for any modifications. Unfortunately, the non-custodial parent is rarely punished for not keeping with the visitation schedule as agreed upon. However, the custodial parent can be held in contempt if he or she refuses the other party his or her parenting time. It's a very difficult situation for everyone involved. I recommend that you keep a record of the amount of over night visits your children spend with your ex. If is turns out less than what was agreed upon, you have cause for a modification hearing to increase his monthlu support obligation. Try to do this without an attorney. They drag it out for as long as they can, billing you for every minute they spend on your case. Trust me, I've spent thousands on attorney's fees and court costs, dealing with the same issue.

Answer 2

The visitation schedule is basically a suggestion unless you want to limit it or expand it more. He has a right to the children and you have a right to have him pick them up, but if he is truly working, there may be nothing you can do. You could ask the judge to modify the order without having to drag both of you into court, just have your attorney schedule an informal hearing and tell the judge the way he has not followed the orders. My ex hasn't followed the visitation order in place once without me raising cain about having a little time to myself.
As for the amount of child support, I know the feeling. I have three children and my ex-wife was only ordered to pay $240.00 a month. She is almost if not more than $5,000.00 behind and until she goes a full 6 months without sending in even 5 bucks, they will not put her in jail.
Good luck and I hope you get some time off to yourself soon.

Answer 3

Unfortunately, there is no way to enforce a visitation order like a child support order. If a person goes to court, it costs both lost wages and a filing fee with the result possibly being the judge telling him to follow the schedule. I recommend keeping a journal of both the excuses and the pick up and drop off times in case of future problems.

Answer 4

Child support is based on his income you are entitled to 1/3 his income plus a percentage based on how many children you have. So depending upon how much his income is $450 sounds pretty close to right to me. Secondly, you can not force him to exercise his visitation, especially since the only reason you seem to want it is so that YOU can make plans. Visitation isn't free babysitting for you. It is an attempt to keep the lines of communication and bonding between non-custodial parent and children. Stop thinking about YOUR weekend and concentrate on taking care of your children.

Answer 5

In my case my ex-wife flat refused me my 3 children. Always an excuse-I ended up getting a more expensive Lawyer. She still kept me from my children on many occasions for some stupid reason or other-She got all the property and land I owned, had to sell my business that was very prosperous or getting their when the gavel from the judge was brought down. She sold off all the acreage for a few bucks to a land developer when she could have made some really high bucks. Her infatuation of another guy and her greed for alcohol and drugs (some) she ended up losing everything. She was also given all mounts of the equiment and business revenue after the sale. She was sitting real pretty and she blew it. So when you speak of legalities and right, she denied me every chance she got. I wasn't even the one who broke the marriage trust-Oh I paid big time 125.00 a week. She caused me problems at work and caused me to be fired from three of those jobs-finally, the judge turned on her and told her to back off if she wanted her support. So when you speak of rights, talk to me. She caused me more embarrassments in public after the divorce than you could shake a stick at. I gave her everything and then some.She had me arrested for back support twice and the judge came straight and told he: "How do you expect support if you keep getting him fired?" She finally backed off, but man if I ran into her at the store she made a total *** of herself and me by always starting something, so everyone could hear, I didn't even do anything. My kids use to run away from home to see me, then she slapped me with a court order for kidnapping and that went down like a balloon of lead. Cause we never left the city or state. When I was late for drop off she use to have the cops waiting for me-don't figure! Needless to say my kids visit me often now and we often talk a lot-but much time and many moons were lost. Now we try our best to get to know each other better. I did not want the divorce, but she even kissed me bye one morning and when I arrived at work they gave me a divorce decree-Hows that for a surprise. Of course every state is different and every divorce is different and so life goes on, but I still remember those nasty times. It is hard without your children to watch them grow up withoput your guidance-but as the waves of time, so goes life, and today I have a most wonderful life with my first borns. Time goes on and lives change. I hate bitter divorces they are to much like mine, but this is my opinion and I have suffered the consequences....

Answer 6

Perhaps you need to consult a lawyer to see what you can do legally.

Answer 7

IF HE HAS TO WORK THEN THERE IS NOTHING HE CAN DO ABOUT THE SITUATION.....