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what to do when NCP does not show for visits.

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armydaddy

Member
I am requesting information for a friend in a stressful situation.... My friend has two small children. One is in school and the other is not school age yet so she stays home with him until that time. She has been court ordered to meet the NCP at X place every other weekend. She makes this trip every other weekend reguardless of weither he shows or not because she is court ordered to do so. There have been many times when he would not show up and now since her drive is even longer this is becoming a problem. She has tried to contact him to see if they could possibly modify the visitations so that he could make it on the times court ordered to get the children. He refuses to do anything but tell her that she has to sit there until he arrives to get the children and that she will get into trouble because she left the designated place for him to get the children even if he don't show up until the next day. She loves her children and she only wants to do what is right in the courts if in the best intrest of the children but since he fails to show up(Has not shown up in over a month) and being $4,000+ in arrears CLEARLY shows his lack of child support. She is wondering what she should do now. She just needs to know I guess if since he is not showing up for visits and he has not been helping her financially should she continue to take the children there just to have them disappointed once again. She does document her visits and it is documented when he shows and when he does not.
ANY HELP OR ADVICE WILL BE GREATLY APPRECIATED THANKS.
 


stealth2

Under the Radar Member
She hopefully can prove that she has been there at the appointed times as ordered. If the order doesn't specify how long she should wait, she should file a modification either specifying that she needs to wait X amount of time unless he contacts her that he'll be late OR that he needs to verify his intent to exercise visitation no less than Y number of hours before p/u. Or that p/u is to occur at her home at the start of visitation and she will retrieve the kids from his home at the end.
 

armydaddy

Member
She documents the time of arrival and the departure time. SHe also brings along her mother each time so that she has a witness for these times. As far as to modify the time to wait she does not have a lawyer. Could she bring this up in front of the judge when they go for review of CS at the end of MAR? The cops have told her that she should wait atleast 30-45 mins. for his arrival. He WONT contact her for ANYTHING. He actually gets mad if she calls him for the children to talk to him complaining that she is wasting his minutes.

How would she go about getting the court order modified? :confused:
 

stealth2

Under the Radar Member
She would need to file for a modification. It's unlikely that she can bring this up at the CS hearing. He's entitled to be served and have the opportunity to respond before the matter is heard by the court.
 

armydaddy

Member
What is the legal process for getting a modification to visitation?, do you have to have a lawyer? Anyone had to do this before?
 
stealth2 said:
She would need to file for a modification. It's unlikely that she can bring this up at the CS hearing. He's entitled to be served and have the opportunity to respond before the matter is heard by the court.
In a perfect world, perhaps, but take it from someone who just went through it...three days is all they give you to respond. You don't NEED a lawyer but you should definitly have one.
 

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