Piggyback Visitation

[VA_Mom]

What is the name of your state? VA

I currently have a court order with the NCP recieiving visitation one week per month plus this holiday having the children from Dec. 27 to Jan. 1st at 3:00pm.

He wants to add on the regular scheduled week which will mean having visitation for almost two weeks but our order states during the year, one two-week vacation can occur but since he is going from Dec. to Jan. I assume that is not technically within a year. Plus, he is not counting these two weeks as his vacation-time vistation.

Can a NCP piggyback visitation? He also now wants to do two weeks back to back for now on at the end of each month. We don't have split custody.

 

[Zephyr]

he can ask the judge for anything he likes, what he gets will depend on a lot of things.

and if there is no time guidelines regarding the "vacations" or nothing mentioned about you having the right to disapprove the visit in the court order, then I would think he could piggyback the vacation to his own visitation time.

 

[CJane]

Your order is no more specific than "one week per month"?

 

[VA_Mom]

Wouldn't that then give him the opportunity to request split custody in the future? He could state that he has had them for weeks at a time and claim he is able to care for them. Plus, he is engaged and expecting a new baby.

 

[CJane]

Wouldn't that then give him the opportunity to request split custody in the future? He could state that he has had them for weeks at a time and claim he is able to care for them. Plus, he is engaged and expecting a new baby.

He has the opportunity anyway, anytime there is a change in circumstances.
He most likely IS able to care for them.
His fiance/child are irrelevant.

 

[VA_Mom]

Your order is no more specific than "one week per month"?

It says one week per month from Satruday morning until Saturday morning. NCP is wanting to overlap the holiday visitation with the regular week. No actual dates because he travels and only needs to provide me a month notice for his regularly scheduled week.

 

[VA_Mom]

He has the opportunity anyway, anytime there is a change in circumstances.
He most likely IS able to care for them.

What I'm trying to determine is that with him scheduling his month visits between the last week of the month/first week of the next month ongoing (this will then allow him 2 weeks at a time) provide a basis for him to successfully have the order changed to split custody or even possibly him being pri**** caretaker should he seek to have the order changed?

 

[BelizeBreeze]

It says one week per month from Satruday morning until Saturday morning. NCP is wanting to overlap the holiday visitation with the regular week. No actual dates because he travels and only needs to provide me a month notice for his regularly scheduled week.

He could, based on the LIMITED facts of your post, actually receive three weeks of visitaiton.

His regular holidy visitation, plus the mandated one week then one week in january of the following month which is in a new year and still not affect his summer vacation.

 

[BelizeBreeze]

And no, this is not a change in circumstances.

 

[sbaldwin]

Why does it matter how he chooses to schedule his court ordered visitation? I'm sure you don't like being away from your children for this amount of time, but I am also 99.9% sure that he doesn't enjoy being away from the children during the extended weeks that they are with you.
With what you describe is stated in your visitation papers, he is doing nothing wrong.

 

[VA_Mom]

Why does it matter how he chooses to schedule his court ordered visitation?

Because he was requesting sole or split custody which he recieved neither. Afterwards, he told me he would file again. So I was trying to figure out if grouping the visitation time together so that it resembles a split custody schedule would be in his favor when he attempts to have custody changed/modified.

I'm sure you don't like being away from your children for this amount of time, but I am also 99.9% sure that he doesn't enjoy being away from the children during the extended weeks that they are with you.

Like another poster pointed out, there are more facts involved which the judge had heard and ruled in my favor to be pri**** physical caretaker such as the NCP going for almost a year without seeing his children from another relationship despite both the mother of his other children, myself and his family urging him to not to do that.

With what you describe is stated in your visitation papers, he is doing nothing wrong.

I contacted his attorney who drafted up a more set schedule and advised him not to group the weeks together. As for his visiting, I don't care because I've usually let him keep the kids for extra time which was not in the order. Gives me some time for myself.

 

[acmb05]

Look at it this was

Lets say he groups two months together such as he takes the last week of January and the first week of February. This will give him the two weeks, however he would then have to wait almost 2 months to see the children again because in order to group two more months he would have to wait till the end of March and take the last week in March and the first week in April.

It may look good for him to have them for 2 weeks at a time but it wont look good that he is only seeing them every 2 months instead of every month.

 

[BelizeBreeze]

Lets say he groups two months together such as he takes the last week of January and the first week of February. This will give him the two weeks, however he would then have to wait almost 2 months to see the children again because in order to group two more months he would have to wait till the end of March and take the last week in March and the first week in April.

It may look good for him to have them for 2 weeks at a time but it wont look good that he is only seeing them every 2 months instead of every month.

And that is NOT correct. Even if he does group his visitation in this manner, he is following the letter of the visitation agreement. Because there is no requirement that he take his week in OTHER THAN groups, his exercising his rights under the COURT ORDER cannot be held against him.

Or would you tell this poster that if he had every other week visitation and only exercised it once a month that this would be grounds to cease visitation altogether?

Please remember that visitation is a right, NOT a legal requirement.

 

[acmb05]

Sorry Belize

That last sentence was a personal opinion not a legal one.

 

[acmb05]

and besides

(quote):I contacted his attorney who drafted up a more set schedule and advised him not to group the weeks together. As for his visiting, I don't care because I've usually let him keep the kids for extra time which was not in the order. Gives me some time for myself. (end quote)

If she usually lets him keep them over anyway why is she even asking this question?

How did his attorney take it when you tried to dictate to him how to write up a more set schedule?