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Father missing some visitations....

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Shelby Lynn

Guest
Ex has visitations every other weekend and every other holiday. But for the past 4 years, he hasn't kept up with this schedule. He comes once a month or maybe even 1 every 2 months. Isn't he in contempt? What can I do about this legally? He says it's b/c he lives 4 hours away and his job requires him to work on weekends. Can the courts make him move back to our town where his child is?? Can I take away his visitations??:mad:
 


H

hound dog

Guest
No you cannot take his visitation away. If he lives 4 hours away i can see that posing a problem why don't you alternate taking the child where he lives or atleast meet him half way. See if that does not help !!!
 
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vaportrail

Guest
You cannot take his visitations away. Visitations are a "right" not an "order." A parent can either choose to exercise their visitation right or not at all. The only way he would be held in contempt is if he fails to pay his court ordered child support. Visitation and child support are two separate issues.
 
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meleahk1

Guest
there is nothing you can legally do! a judge cannot and will not make any parent move back to where a child is. A person's right to work where that is best for them is just that, their right!

you cannot force the ncp to exercise their right to visitation. if it means that much to you then agree to meet half way, that is what we do. and the kids are happier for it!

you cannot take away his right to see his child, and child support is a separate issue so don't even try to use it against him, he can then hold you in contempt of court.

just remember he is not doing anything legally wrong or morally wrong for that matter if is he is supporting himself and his child.

good luck
 
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deefran

Guest
Not to burst anyone's bubble here, but I was recently in a court room, waiting my turn to be heard, when a man and woman were called to be heard on their visitation issue. The mother had brought the father to court to set up a new visitation schedule as he hadn't shown up for many and had no good excuses as to why. The judge then made an order to this effect, (the father was given visitation every other weekend), if the father missed 3 visitations in a row (NOT INCLUDING ILLNESS), his rights to visitation would be revoked. The judge told him that is was damaging to a child to sit and wait for a parent that would not show up. I don't know if this ruling was out of the ordinary, but I agreed with the judge. Please note; the mother had documentation of every visit the father had missed, including phone calls and letters she had sent him letting him know that his child wanted to see him. The father's excuse that he had to work did not go over well with the judge. He was told that if he wanted to be in his child's life than he better prove it to the courts and the child by showing up.
 

TNBSMommy

Member
I have been through this, my ex was supposed to get the kids every weekend.... but, he quit showing up unless it was convenient for him.As in was supposed to be at school on Friday's and would not be there. I took him back to court. He didn't show up, and has since lost his visitation rights until he takes it back to court, and shows the judge he DESERVES to see my children. This was in April, I have had one phone call from him since.....
 

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