Ex has defalted on agreement

Well, you can’t make him take the kids. You can sue him in court for breech of contract, but if he doesn’t want to keep the kids, then what are you gonna accomplish? However, if he is paying child support, you can get this increased due to the decrease in overnights.

Dear UglyBetty:

Greetings. No, you cannot force someone to take visitation if they don’t want to. If he is not paying child support pursuant to worksheet A, then you may have some recourse. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

Is there any legal action that I can take against my ex if he has not lived up to what we agreed to when we had a legal seperation drawn up pretaining to visitation with the kids… Actually Rosen drew it up for us. We are now divorced…almost 4 years. Here is the situation… I “have primary physical custody and he has custody in the form of visitation.” We agreed in the seperation that he would spend one evening a week with the kids for dinner and that he would have them every other weekend. Friday 6pm to Sunday 6pm… In the past 4 years I think they have spent the night at his place less than 10 times. (children are actually high school now) I think the main reason for this is because he wants to spend the time with his girlfriend (the cause of our divorce along with other things) He has enough since to realize it would be bad taste to have the girlfried over while the girls are there. I love my kids but sometimes I would like a parenting break and really would like him to have them as agreed. Any suggestions