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Forcing visitation when I'm at work???

  • Thread starter Thread starter moonkitty62
  • Start date Start date

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moonkitty62

Guest
here's my problem: I live in WA state, have been divorced for over 12 years. Divorce papers state my visitation as every other weekend, however, I work a 7 day week, and work 2 out of 3 weekends. So for over 12 years, I have taken my visitation every other set of days off (approx. every 18 days) At the time of divorce, my lawyer said not to worry about the wording, that my ex and I could work it out between ourselves.
For 12 years, this has worked, suddenly, she wants to FORCE me to take my kids every other weekend, even though I'm at work. Every time she gets a new boyfriend, she wants to party on the weekend, this is her reason for wanting the kids gone on weekends. She knows I work most weekends, and that I can't see the kids if I'm working Swing shift. She does not care. She's taking me to court to make me take them on weekends.
Do you think a judge will find it 'reasonable' for the kids to be at my home on weekends, while I'm at work? This makes my current wife her built in babysitter. Don't get me wrong, my wife has a great relationship with my kids. But visitation is for ME to spend time with my kids, right? Will she be able to enforce this? Any ideas?
Also, our divorce papers state that I get my kids the whole week of Christmas EVERY year. My ex has NEVER once let me have the kids on Christmas, for even a day, let alone the whole week. Should I file contempt of court for this, or wait until the court hearing for the visitation change? It irks me that she wants to force ME to change visitation, making it so I only see my kids every 6 weeks (which is what will happen if visitation is forced on the weekends) yet I never see my kids for christmas, even though I'm legally entitled to. I need advice! What should I do, and how do you think this will go in court? thanks!
Scott/worried dad in WA tired of the games
 


buka

Member
She can't force you to take the kids every other weekend, but it would be in your best interest to request a visitation schedule that works with your work schedule. And yes, you can hold her in contempt for not allowing you to see the kids over Xmas. Let her pay the court fees and then file your own motion once you are served with the papers.
 

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