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The right to decline visitation?

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Semmie

Junior Member
What is the name of your state? California

My husband is the non custodial parent. He has 2 work functions out of town on the weekends that we have the kids in the near future. He gave 2 months notice to his EX who is the custodial parent that he was not going to be taking the kids on those weekends. She said that her attorney told her that he HAS to take the kids no matter what the circumstances and that he needs to find child care for them even if he is out of town. If he does not do this then he has to pay her more child support.:rolleyes: Does my husband have the right to decline visitation? If the kids are not with him on his weekends then what is the point of visitation?:confused:

Thanks!
 


Isis1

Senior Member
does the court order say anything in regards to visitations being missed? such as runing late? limiyed amount of time to contact the other parent of not being able to make the visitation? possibly childcare reimbursement in the event the visiting parent cannot make it?
 

nextwife

Senior Member
He should make arrangements for someone to watch them if he won't be around on his weekend, if mom does not prefer to have them home. Dad's scheduled time should be his responsibility.
 

CourtClerk

Senior Member
The simple fact of the matter is this. Dad does not HAVE to exercise his parenting time, and if he doesn't then the fact that he misses a weekend here and there won't have much of a bearing on his child support.... BUT

What if dad was custodial parent and not NCP? What would he do with the kids on the weekends he had to be out of town on business? He would find alternate care right? Tell your husband that you can't be a parent when it's convenient, he should do what any other CP would do -- and that is what Nexie has suggested, find alternate care for the kids.
 

casa

Senior Member
What is the name of your state? California

My husband is the non custodial parent. He has 2 work functions out of town on the weekends that we have the kids in the near future. He gave 2 months notice to his EX who is the custodial parent that he was not going to be taking the kids on those weekends. She said that her attorney told her that he HAS to take the kids no matter what the circumstances and that he needs to find child care for them even if he is out of town. If he does not do this then he has to pay her more child support.:rolleyes: Does my husband have the right to decline visitation? If the kids are not with him on his weekends then what is the point of visitation?:confused:

Thanks!
Visitation is a Right, not an obligation. He does not have to use his visitation time. His child support will not increase unless there is ongoing/continual failure to use his visitation AND Mom THEN files in court to Modify Visitation...AND THEN the Court decides that his decrease in visitation is significant enough to modify Parenting %, and thus the CS amount.

Do you & your husband have any child(ren) together? Siblings would be an excellent reason for the kids to still come visit with you. Believe it or not, Most posters complain of the opposite...being denied visitation time.

In the end, though, there is no legal basis for what the X is stating - under these specific circumstances. (ie; 2 out of town business engagements over the period of several months time).
 

Humusluvr

Senior Member
What is the name of your state? California

My husband is the non custodial parent. He has 2 work functions out of town on the weekends that we have the kids in the near future. He gave 2 months notice to his EX who is the custodial parent that he was not going to be taking the kids on those weekends. She said that her attorney told her that he HAS to take the kids no matter what the circumstances and that he needs to find child care for them even if he is out of town. If he does not do this then he has to pay her more child support.:rolleyes: Does my husband have the right to decline visitation? If the kids are not with him on his weekends then what is the point of visitation?:confused:

Thanks!
There are a lot of nice things that parents who work together can do (ie. switch weekends, find care on your weekend, pay the other parent when you miss, etc) but the fact is that those are civilized and considerate things to do.

I think that you gave her plenty of notice. It seems that legally, you have yourself covered (and this is a legal site). Your husband does not have to exercize his visitation, and he gave notice of his intent. As long as he doesn't make it a habit.

My ex did this to his (other)ex ALL THE TIME. He would be ON THE WAY to pick up his child, get a call from work, and then not go get her. Poor little girl would be sitting at the pick up point, bags packed, ready to see daddy, and POOF - he no-shows. My ex would tell the mom that his job came first if she wanted him to pay child support. I wish I would have known before I got prego that he did that. But now that I know, my eyes are open and I'm prepared. Never depend on dad to visit.

Don't let your husband become that dad. There are lessons the child is learning here, about what is important to the parent.
 

CJane

Senior Member
What is the specific language of your husband's court order?

Are you CERTAIN there is no clause in there stating that in the event of missed visitation, Dad has to provide child care/daycare/babysitter/etc or that he has to reimburse Mom for any child care expenses she incurs during that time?
 

Semmie

Junior Member
Thank you for all of your responses. There is nothing in the court order that talks about declining visitation, reimbursement, etc. We would be willing to switch weekends although, Mom is not very cooperative. She says that his weekend is his weekend and that's that.:rolleyes:
 

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