overnight visitation

[duckyp0o77]

What is the name of your state (only U.S. law)? tn
When dd was an infant her father had visitaion every other wed-fri along with every other wkend. After about 2 years he was unable to continue due to work. Now he is saying he wants to start the off week visitation again even though we live in different counties and she is in school. I do not think this is reasonable b/c of the amount of time she will be traveling and lack of sleep in the am. Are there any laws or regulations about this? Im not having much luck researching. I have to add that we have lived in a different county for almost 5 years & she is in the 3rd grade.

 

[Ohiogal]

What is the name of your state (only U.S. law)? tn
When dd was an infant her father had visitaion every other wed-fri along with every other wkend. After about 2 years he was unable to continue due to work. Now he is saying he wants to start the off week visitation again even though we live in different counties and she is in school. I do not think this is reasonable b/c of the amount of time she will be traveling and lack of sleep in the am. Are there any laws or regulations about this? Im not having much luck researching. I have to add that we have lived in a different county for almost 5 years & she is in the 3rd grade.

If you have a court order then he is entitled to that visitation as outlined in the court order. If you want that changed you need to petition to have the time changed. How far away (time and mileage wise) do you live from each other?

 

[Isis1]

thedn you will need to take it back to court to modify the visitation if in fact the school schedule is a problem. a school schedule can be considered a change of circumstance. is dad willing to bring the child to school on his days? how far away does dad live?

do keep in mind since you did not request a modification prior, the court order is a court order until changed. so you are required to follow it.

 

[duckyp0o77]

I fully undertand io am required to follow it. Its just the HE hasnt been following it. In fact I am bout to head to the juvenile courts to file the petition to have it modified.

to answer the question. He lives about an hour away/ 50 miles

 

[Isis1]

NCP doesn't have to follow the visitation order to a "T". it's a right, not an obligation. as long as he does so within his court ordered time frame.

 

[great_ideas]

I fully undertand io am required to follow it. Its just the HE hasnt been following it. In fact I am bout to head to the juvenile courts to file the petition to have it modified.

to answer the question. He lives about an hour away/ 50 miles

If Dad can do the overnights and take the child to school I don't see the courts denying it. I know children who travel that distance to and from school everyday. Be careful. Trying to modify it now that Dad wants it could really bite you in the butt!

 

[duckyp0o77]

If Dad can do the overnights and take the child to school I don't see the courts denying it. I know children who travel that distance to and from school everyday. Be careful. Trying to modify it now that Dad wants it could really bite you in the butt!

How?

I'm being sarcastic but, I could also have a rehearring for child support since it is long overdue. He knows this and knows I've been very generous since he has been paying more that what's been ordered (8 years ago and his income has doubled) I'm not one to "take" the "baby's daddy" money.. but he should atleast think about that. I have even gotten the papers from the courts to do so.

 

[Zigner]

How?

I'm being sarcastic but, I could also have a rehearring for child support since it is long overdue. He knows this and knows I've been very generous since he has been paying more that what's been ordered (8 years ago and his income has doubled) I'm not one to "take" the "baby's daddy" money.. but he should atleast think about that. I have even gotten the papers from the courts to do so.

So, you are receiving MORE than the court ordered support, yet you STILL think you can hold CS over his head as some sort of admission ticket to see HIS child?

 

[Isis1]

How?

I'm being sarcastic but, I could also have a rehearring for child support since it is long overdue. He knows this and knows I've been very generous since he has been paying more that what's been ordered (8 years ago and his income has doubled) I'm not one to "take" the "baby's daddy" money.. but he should atleast think about that. I have even gotten the papers from the courts to do so.

but you have been. *tsk tsk tsk*

 

[LdiJ]

How?

I'm being sarcastic but, I could also have a rehearring for child support since it is long overdue. He knows this and knows I've been very generous since he has been paying more that what's been ordered (8 years ago and his income has doubled) I'm not one to "take" the "baby's daddy" money.. but he should atleast think about that. I have even gotten the papers from the courts to do so.

File for the modification of visitation. I personally think that 50 miles is too far to be reasonable on school days and I think that dad would discover that himself after trying it out for a while.....UNLESS dad works close to where you live and would be making the trip back and forth anyway. If that is the case, then the only issue would be your child traveling that far, and it honestly might work out to be some decent one on one, daddy/daughter time.

What kind of summer parenting time does dad get?

You would also have every legal right to file for a modification of child support.

 

[duckyp0o77]

So, you are receiving MORE than the court ordered support, yet you STILL think you can hold CS over his head as some sort of admission ticket to see HIS child?

Originally Posted by duckyp0o77


I'm being sarcastic but, ...lol

 

[duckyp0o77]

What kind of summer parenting time does dad get?

.

The papers say two separate two consecutive weeks & every summer I have encouraged him to take advantage of this visitation but I think he has only had her for a total of two weeks for this visit. We are very flexible with each other and if one of us have something going on during the others time with her & want her in attendance we usually work it out.
He has something coming up during one of my weekends pretty soon and I have agreed to let him have her for that.

 

[LdiJ]

The papers say two separate two consecutive weeks & every summer I have encouraged him to take advantage of this visitation but I think he has only had her for a total of two weeks for this visit. We are very flexible with each other and if one of us have something going on during the others time with her & want her in attendance we usually work it out.
He has something coming up during one of my weekends pretty soon and I have agreed to let him have her for that.

How about offering him more summer parenting time? If you went every other week in the summer that would give him more time and the travel wouldn't be an issue. You could maybe even give him a bit more time during the school year by giving him more of the long weekends.

Example:

September - Labor Day weekend
October - Fall break
November - Thanksgiving weekend but rotate Thanksgiving Day.
December - the bulk of Christmas Break but rotate Christmas Day and New Years.
January - ****** Luther King Day
February - Presidents Day
March/April - Spring Break
May- Memorial Day weekend
Summer - every other week

On top of that, if you went 1st, 3rd and 5th weekends for dad, instead of every other weekend, that would give him an extra weekend every three months.

There are creative ways to give him more time without subjecting your child to that drive during the school week.

 

[duckyp0o77]

How about offering him more summer parenting time? If you went every other week in the summer that would give him more time and the travel wouldn't be an issue. You could maybe even give him a bit more time during the school year by giving him more of the long weekends.

Example:

September - Labor Day weekend
October - Fall break
November - Thanksgiving weekend but rotate Thanksgiving Day.
December - the bulk of Christmas Break but rotate Christmas Day and New Years.
January - ****** Luther King Day
February - Presidents Day
March/April - Spring Break
May- Memorial Day weekend
Summer - every other week

On top of that, if you went 1st, 3rd and 5th weekends for dad, instead of every other weekend, that would give him an extra weekend every three months.

There are creative ways to give him more time without subjecting your child to that drive during the school week.

Believe me I've tried that! His issue is always childcare (the reason he stopped off week visitation). Although we do agree that he can have her on long holiday weekends like this past one.

The reason I came here for "advice" is because when he told me he wanted to start getting her again on off weeks i told him it was unreasonable now that she's in school he told me to challenge him! Is that a "threat"? lol I think now that he has a new baby with his new live in girlfriend he wants to be super dad. sorry I'm just rambling on

 

[LdiJ]

Believe me I've tried that! His issue is always childcare (the reason he stopped off week visitation). Although we do agree that he can have her on long holiday weekends like this past one.

The reason I came here for "advice" is because when he told me he wanted to start getting her again on off weeks i told him it was unreasonable now that she's in school he told me to challenge him! Is that a "threat"? lol I think now that he has a new baby with his new live in girlfriend he wants to be super dad. sorry I'm just rambling on

Well he is right to an extent. The court orders give him that time, so if you want to change it you have to take it back to court. Otherwise he can demand that you comply and you could be in contempt of court if you don't.

Its not guaranteed that a judge would hold you in contempt under the circumstances, but its not guaranteed that a judge wouldn't either. So...take it back to court.