My son’s mother was granted primary custody 3 years ago. In the custody order, she is responsible for child care. Over the past three years she has never scheduled the care and argued that she should have to pay for it. Now that her new husband has lost his job, she has told me that she (her husband) is doing as required by offering child care at her home durring my summer weeks. This is a significant distance for me to drive both before and after work each day and requires both my son and I to start our day much earlier than usual. I had scheduled him for an all day camp by my residence to which she is not agreeable and has stated that if I choose to take him there I must pay for it. I have noted that if she would meet me half the distance to her house that I am agreeable to care in her home. She refuses to meet me and to pay for the alternative. I have since stated that if she does not meet me then I will pay for the alternate care out of my child support and she will receive the remainder.
Can I do this? Will I face legal action? How will this reflect upon me should we return to court? If she chooses to prevent visitation, can I involve the police for parental kidnapping?
To add to this I should note that we will most likely return to court. My son is not doing well in school, and since success in school was the reason for her primary custody I belive a change is needed. It’s been 3 years since primary custody was given to her and his academics have increasingly suffered.