baby moma nowhere to be found

[wifethatcare]

What is the name of your state?ca
my husband has a 5 yr old with his ex , they have a child support order and visitation , my husband gets to see his son only one weekend out of the month because they live 500 miles away so its really expensive to go visit him , so the past month my husband has been trying to call his son and have not been able to contact him , the phone is busy all day and night , we have tryed to call at different hours of the day and night . we want to see if we can got to court to get more visitation and have him come to our home and have stay with us over the weekend or during vacation time , how would be go about to have the court orders open and get more visitation? and if he gets more time with the child will the child support decrese if we get half custody ?

 

[casa]

What is the name of your state?ca
my husband has a 5 yr old with his ex , they have a child support order and visitation , my husband gets to see his son only one weekend out of the month because they live 500 miles away so its really expensive to go visit him , so the past month my husband has been trying to call his son and have not been able to contact him , the phone is busy all day and night , we have tryed to call at different hours of the day and night . we want to see if we can got to court to get more visitation and have him come to our home and have stay with us over the weekend or during vacation time , how would be go about to have the court orders open and get more visitation? and if he gets more time with the child will the child support decrese if we get half custody ?

Does the visitation order state WHICH weekend the father gets to visit? If so, show up at the son's house on that weekend at the ordered time.

If the father wants more visitation time- Then he needs to petition the court to modify the visitation schedule and be willing to travel more often and spend more money commuting to & fro for visitations.

Getting "half custody" (I assume you mean joint legal?) would be hard because the father lives so far away. That is usually reserved for parents who live closer together (in the same school district for one) and who are able to cooperate (which they aren't because they don't answer or return one another's calls).

 

[kob125]

From my understanding you can fight for 50/50 visititation. It has been done and is common in the state of wisconsin. if the parents live far away from one another, then you need to meet half way. Most judges will award that. And to get half and half. YOu can fight for every other holiday, childs vacations durning school and every other weekend. or one weekend a month. that means Xmas break, spring break and then you would have your child while he is off school for a few weeks during the summer. Usually 4-6 weeks is awarded. Fight for that? Or fight to meet half way. Or if you do it the full way and ask for her to pay half the cost. I have heard of that happening too.
If she refuses Court ordered visitation(the weekend he is supposed to be with his child) then she is in contempt of the courts. You can call the police and have them escort you to get your child or you can file a report with the police and you can use that in court against her. She can get into a lot of trouble for that.

 

[wifethatcare]

baby moma no were to be found

he gets him the 2nd weekend out of the month , do you think that we will need to get a lawer if not how do we open a petition to have more visitaion?

 

[LdiJ]

he gets him the 2nd weekend out of the month , do you think that we will need to get a lawer if not how do we open a petition to have more visitaion?

You got one ridiculous piece of advise here. The mom and dad live 500 miles apart. 50/50 custody isn't the least bit realistic even in WI. I am not even sure that MORE visitation is realistic with that distance. Get a consult with an attorney to seriously talk through the options.

 

[king sol]

In California, parents are required to go to mediation prior to seeing a judge. If you can work it out with the ex, a lawyer will only be a waste of $$$.

You mentioned that because of the distance, visits have been limited due to $$. If more visitation is granted are you relying on the child support being reduced to fund this increase?