Denying visitation


#1

So here is my situation: I have had a custody consent order for 10 years giving my ex very liberal visitation.

Every other thursday - monday
Wed on in between weeks
two weeks in the summer and at christmas
alternating holidays, etc

The ex never followed the order to take his full visitation. So three months ago his child support got increased and he was really, really mad. So he emailed me and told me he would not be getting our daughter anymore for visitation and even called our daughter and told her that he wasn’t getting her anymore.

So now he calls me today and wants to get our daughter for visitation this weekend but the problem is he hasn’t been getting her and this would be my weekend based on the visitation schedule we were using before he decided to give up his visitation 3 months ago. I told him that I was happy he decided to get our daughter again but based on our schedule it was my weekend and we already had made plans.

So then he wanted to get her in two weeks, which would again be my weekend and we had planned to go to the fair. I told him that we had an order in place and a schedule for visitation and he needed to follow it and if he wanted to start his visitation up again that was fine with me but to start it next weekend (which would be his weekend).

So he started ranting and raving about I was denying him visitation and all he had to do was call and ask for visitation and if I didn’t give it to him I was denying him visitation. Since he kept pushing the issue that i was denying him visitation, it makes me think he is up to something.

My question is can he drop his visitation on his own accord and just call me and pick it up anytime he wants when we have an order in place and its my weekend?


#2

Unfortunately custody orders are not set up in such a way as to force the non custodial parent to exercise visitation and often time situations like this crop up as a result. Your ex needs to set up visitation with you pursuant to the correct rotation under the order.