Holidays and visitation

North Carolina Divorce Law Divorce and Separation Answers
1

The holidays are coming up and my son’s father hasn’t seen him since July 2010. He didn’t even call to get his son for Thanksgiving last year, which was his weekend, but I am wondering since it has been 3 1/2 months since my son has had any interaction with him and my son’s visitation is from fri - sun, is there anything I can do to avoid an overnight visitation? Can I submit a request for saturday and sunday daily visitation with no overnights? I just wonder how my son will do since it has been a while since he has been in that environment, etc.

Same situation for Christmas, what if my ex doesn’t get our son for Thanksgiving, so now it is going on 4 1/2 months since he has seen our son, can I make any changes for his vistation?

THANKS

2

The father’s refusal to visit the child for the last few months is not likely enough to sustain a motion to modify custody. In order to change custody the moving party must show there as been a substantial change in circumstances affecting the welfare of the child.