What can be done?

[MySonsMom]

This is just a hypathetical(?) question..Non custodial parent has visitation with child on Wednesday evenings for a couple of hours. Child has a lot of homework or whatever and custodial parent wants to keep child home. This does not happen on a regular basis, (in fact it has never happend yet) but could non custodial parent call the police and get them involved if she is told that the child has too much homework and needs to stay home and do it? I think I know the answer but wanted to check for sure. One more question. Original custody papers state that the non custodial parent shall have the child from Wednesday afternoon until Thursday morning. Shortly after this order was in tact, non custodial parent goes back to court to have the Wedensday visitation changed/modified to during the day on Wednesday. (at that time, non custodial parent worked evenings and couldn't excercise the regular court ordered visitation of overnight visits on Wednsday and child was not in school at that time) Since then, it's been years and the child is in school during the day now so obviously the day Wednesday visitation cannot be excercised. Verbally there has been a visitation set up to accommodate schedules. My question is, since this is not in the court order does this HAVE to be granted? Or does the non custodial parent have to petition the court to have the Wednesday visitation changed again to reflect life and changes that have occurred. I hope this makes sense. What it comes down to is that in the last modified court papers it has visitation set up to be Wednesday during the day. Custodial parent has been generous to allow a visitation on Wednesday to accommodate new circumstances...If there is too much homework on this given night (Wednesday) can the custodial parent contact non custodial to withdraw that Wednesday visitation on that day? And since the last modified visitation schedule states that a daytime visitation is allowed, and cannot be excercised due to school and the non custodials work schedule, does the non custodial parent have any "legal" rights to taking the child on Wednesday evenings? Ok, I'm done. Iowa is the state.

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~There is no love like the unconditional love of a Mother~
**MySonsMom**

I have to give visitation to a couple that is kind of hard to deal with, (morons, actually) so I get to speak to police officers fairly frequently, and I can tell you for sure what a lot of officers in Illinois and Indiana would do. (for both questions) They look at specifics in the court order, and they won't enforce any interpretations or verbal modifications. If a mom wants to deny dad a visit when the kid has too much homework, the police officer will see if the order makes any exceptions for nights when kid has too much homework, and probably suggest that the kid does his homework at dad's house during his visit. For the same reason, if this is at 7pm, and the order says dad gets visitation at 10am, they won't help dad at all because he's late. This probably doesn't help you since I'm not in Iowa, but I thought I'd share what I've learned here.

[LegalBeagle]

If there is court ordered visitation for Wednesday then that is what it shall be. However, you can request that the NCP sees to it that the child does their homework. If after repeated attempts, the NCP does not make any effort to ensure that the homework is done then you can petition the courts to change the visitation based on the fact the childs education is suffering and they are in trouble at school, grades are falling etc...

I do not fully understand the second part, but if you have changed an agreement verbally and it is working, then fine. The moment it becomes a problem, seek to have it legally changed.


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Psst.. I am not an attorney, and even if I was, I would not tell you. Which technically could mean I am an attorney, but I would not tell you either way. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.