Visitation Question

[kat308]

What is the name of your state? NY

My husband currently has visitation of his 2 kids on Tues, Thurs. and every other weekend. The kids are starting their activities on Thurs. next week. My husband has no transportation currently and cannot afford to buy a car. His dad takes him to and from work since my hours are different. He is going to court in 2 wk. The ex thinks he is making a pile of money but he is only making maybe $2,000 more than when everything was set up 5 yrs ago.

My question is: Since he is going to court and he knows he doesn't have to exercise his visiation rights, will this look poorly on him when he gets to court? This really isn't something he wants to do, but until the transportation situation is resolved her has no way to get them back and forth to dance and basketball and whatever else she sets up for them.

 

[ceara19]

What is the name of your state? NY

My husband currently has visitation of his 2 kids on Tues, Thurs. and every other weekend. The kids are starting their activities on Thurs. next week. My husband has no transportation currently and cannot afford to buy a car. His dad takes him to and from work since my hours are different. He is going to court in 2 wk. The ex thinks he is making a pile of money but he is only making maybe $2,000 more than when everything was set up 5 yrs ago.

My question is: Since he is going to court and he knows he doesn't have to exercise his visiation rights, will this look poorly on him when he gets to court? This really isn't something he wants to do, but until the transportation situation is resolved her has no way to get them back and forth to dance and basketball and whatever else she sets up for them.

Is he going to court for visitation or support? How is he picking them up and getting them home for visitation?

Technically, he doesn't have to allow them to go to activities during his parenting time. However, for the sake of the children, banning ALL activities would NOT be in their best interests.

 

[LdiJ]

To add, no he does not have to exercise his Thursday night visitation. However, if he makes 2000 more per month than he did 5 years ago, he can expect a significant increase in child support.

If he makes 2000 more per year than he did 5 years ago...then its unlikely that CS would change at all unless it wasn't calculated properly the first time around.

 

[nextwife]

What is the name of your state? NY

My husband currently has visitation of his 2 kids on Tues, Thurs. and every other weekend. The kids are starting their activities on Thurs. next week. My husband has no transportation currently and cannot afford to buy a car. His dad takes him to and from work since my hours are different. He is going to court in 2 wk. The ex thinks he is making a pile of money but he is only making maybe $2,000 more than when everything was set up 5 yrs ago.

I may be wrong, but I believe she's referring to his ANNUAL, not his monthly income here.

 

[BL]

What is the name of your state? NY

My husband currently has visitation of his 2 kids on Tues, Thurs. and every other weekend. The kids are starting their activities on Thurs. next week. My husband has no transportation currently and cannot afford to buy a car. His dad takes him to and from work since my hours are different. He is going to court in 2 wk. The ex thinks he is making a pile of money but he is only making maybe $2,000 more than when everything was set up 5 yrs ago.

My question is: Since he is going to court and he knows he doesn't have to exercise his visiation rights, will this look poorly on him when he gets to court? This really isn't something he wants to do, but until the transportation situation is resolved her has no way to get them back and forth to dance and basketball and whatever else she sets up for them.

Is He exercising visits , or not , since He has no transportation ? You weren't clear .

Child support and visitations are separate issues , and heard in different parts of Family Court , if that's where it's being heard .

How old are the children ?
Does He have summer visits ?

If He is not exercising visitation at this time because of transportation issues , He should be maintaining contact on a regular basis , with letters , holiday cards , and phone contact , if possible , until such time as possible to physically have visits .

 

[Zephyr]

What is the name of your state? NY

My husband currently has visitation of his 2 kids on Tues, Thurs. and every other weekend. The kids are starting their activities on Thurs. next week. My husband has no transportation currently and cannot afford to buy a car. His dad takes him to and from work since my hours are different. He is going to court in 2 wk. The ex thinks he is making a pile of money but he is only making maybe $2,000 more than when everything was set up 5 yrs ago.

My question is: Since he is going to court and he knows he doesn't have to exercise his visiation rights, will this look poorly on him when he gets to court? This really isn't something he wants to do, but until the transportation situation is resolved her has no way to get them back and forth to dance and basketball and whatever else she sets up for them.

you can't help your husband with transportation??? what am I missing?

 

[haiku]

you can't help your husband with transportation??? what am I missing?

A good question because who is driving HER to work?

 

[kat308]

Sorry I wasn't more clear. My husband has been exercising his visitation. His dad takes him to and from work since I can't. I work in the opposite direction and my hours conflict with his. When my husband gets the kids who are 9 and 12, his dad picks up my husband and then the kids. I get home in time for my husband to take my car and bring the kids home.

His dad refuses to cart the kids all over. I guess being that he is older and hasn't been feeling well. I thank everyone for their answers. This is the first time since their divorce that they are going back to court.

 

[BL]

If , as I take it the Other Parent set up activities , it doesn't matter legally .
DAD has the RIGHTS to utilize his visits as per orders .

Now , having said that , If Dad interferes with what the kids activities are they ENJOY , the Father/child(ren) relationships could suffer , that's why I ask about summers , Etc. If mom and Dad can't or won't discuss make up time , It might have to be rehashed in Court , but If these kids are teens , expect life changes and try " The best Interest of the Child " .

Keep on good terms, no use ruining your children's relationship because of Parental bickering , huh ?