What is the name of your state (only U.S. law)? CA, but visitation established in NV
Hello all,
Basically, my title says it all. I have sole custody of my 3 year old son. The history of visitation on the part of his father is not good, and will often go months without contacting us. From the time my son was an infant, his father has had visitation two days (not overnights) per week, which he has been very inconsistent about electing. (Also, somewhat relevant, he has had 7 residences since my son was born, and at least as many jobs - sometimes even going 3-4 months unemployed)
Last summer, I petitioned the court to move out of state. At the time, I was living in NV and I requested to move to CA. After weighing all the factors, the court granted my request, stating that "the fathers child support record is poor and his visitation minimal during the past year". They granted him two weeks of visitation per year (one week at a time). In our mediation agreement, I agreed to allow him to visit his son every month provided he give me a weeks notice - he declined to sign the agreement and instead filed a motion for reconsideration. It was denied.
We moved 8 months ago and he has not taken advantage of his visitation. He has informed me of his intent to visit at least three times, and each time cancelled.
He recently informed me that he is moving to our city, and I am not sure how much visitation to give him. At least until we can get the case transfered and a modification hearing.
I'm planning on asking for limited visitation on a temporary basis until he shows some consistency (even when we lived in the same city, he'd go months without any contact). I am hesitant to go back to two days a week now that my son is a little more aware of what is going on. His father coming in and out of his life as he pleases is not in his best interest, in my opinion.
I realize that I will be bound by whatever the courts decide, but that is a long way off, and it would be wrong of me to insist on the previous courts ruling of two weeks until we can get a hearing.
I guess I'm just trying to figure out what would be fair under the circumstances, but is still something that I can feel comfortable with.
Oh, and when I asked him what prompted him to move here, he said he lost his job and that he "might as well".
So as far as visitation...any thoughts? I've been told be some people that I'm being unreasonable...and by others that I should stick to just the two weeks per year since its his own fault. I'm looking for a happy compromise until the proper authorities can assess the situation.
I apologize for this being so long!
Thank you in advance.
Hello all,
Basically, my title says it all. I have sole custody of my 3 year old son. The history of visitation on the part of his father is not good, and will often go months without contacting us. From the time my son was an infant, his father has had visitation two days (not overnights) per week, which he has been very inconsistent about electing. (Also, somewhat relevant, he has had 7 residences since my son was born, and at least as many jobs - sometimes even going 3-4 months unemployed)
Last summer, I petitioned the court to move out of state. At the time, I was living in NV and I requested to move to CA. After weighing all the factors, the court granted my request, stating that "the fathers child support record is poor and his visitation minimal during the past year". They granted him two weeks of visitation per year (one week at a time). In our mediation agreement, I agreed to allow him to visit his son every month provided he give me a weeks notice - he declined to sign the agreement and instead filed a motion for reconsideration. It was denied.
We moved 8 months ago and he has not taken advantage of his visitation. He has informed me of his intent to visit at least three times, and each time cancelled.
He recently informed me that he is moving to our city, and I am not sure how much visitation to give him. At least until we can get the case transfered and a modification hearing.
I'm planning on asking for limited visitation on a temporary basis until he shows some consistency (even when we lived in the same city, he'd go months without any contact). I am hesitant to go back to two days a week now that my son is a little more aware of what is going on. His father coming in and out of his life as he pleases is not in his best interest, in my opinion.
I realize that I will be bound by whatever the courts decide, but that is a long way off, and it would be wrong of me to insist on the previous courts ruling of two weeks until we can get a hearing.
I guess I'm just trying to figure out what would be fair under the circumstances, but is still something that I can feel comfortable with.
Oh, and when I asked him what prompted him to move here, he said he lost his job and that he "might as well".
So as far as visitation...any thoughts? I've been told be some people that I'm being unreasonable...and by others that I should stick to just the two weeks per year since its his own fault. I'm looking for a happy compromise until the proper authorities can assess the situation.
I apologize for this being so long!
Thank you in advance.