Time for co visitation?

[billiewood]

What is the name of your state?NC

My husband and his ex gf have no co papers on vistation it has been a mutual thing up til now. We have his kids every other weekend or more and split holidays.
Well his ex gf has called and said his daughter does not want to come to our house any more because all of a sudden she has decided she doesn't like me.
Ex told husband she was his daughter and he needed to make a decision.
Pretty much she is saying we need to seperate since his daughter doesn't like me anymore. Their 4 yr old son wants to come stay with us but mother won't let him because daughter doesn't want to.

Would his next step now be to go to court to get co vistation?

 

[VeronicaGia]

Of course. Why did he wait so long?

 

[billiewood]

Of course. Why did he wait so long?

He has not waited long they have had a mutal agreement since they split we have been getting the kids every other weekend and holidays for over 2 years no problem. This has just happend in the last couple of weeks.

 

[stealth2]

This is like a no-brainer question. W/o court orders, she has no obligation to send the kid(s).

 

[billiewood]

I know that with co papers she does not have to send them.
But can he petition for visitation when there has never been co order custody paper either or does someone have to file for custody first.

 

[NotSoNew]

just file for custody/visitation, its all lumped together (in NJ anyway) and ask for what you want. Since he has had this time all along, the court likes to keep the status-quo.