Visitation Issues

North Carolina Divorce Law Divorce and Separation Answers
1

Hello, and thank you in advance for your advice.

I’ve read through the forum to see if I could find a situation similar to mine, but didn’t have a lot of luck.

I live out-of-state and my ex-wife and child live in NC. We have a Court Order for child support and visitation. I pay my child support as ordered. In addition to my other visitation, I have a section in the Order that allows me to have visitation with my child for 2 days, provided that I give at least 6 days notice, whenever I am in NC. I will be in NC the weekend before my child’s birthday, as I can not be in NC on the exact date. I notified her 4 weeks prior to the date that I would be in NC to surprise her for her birthday, and again 7 days prior via email. She responded to my email, and my interpretation of it was that my ex-wife is trying to deny me the 2 days, on the grounds that she has a party planned for that weekend for an hour and a half. I informed her that I had no problems with making sure she was available to attend, as I would still be in the area. That was 48 hours ago, and she has yet to respond. She also makes a habit out of doing this, and at the last minute she will respond. It’s my opinion that she does this to cause headaches with planning the trip (8 hr drive one way).

What do you recommend?

2

I recommend that you keep records of all communication and if she denies you visitation, file a motion for contempt.

3

Thank you very much for your reply. I have been documenting EVERYTHING since I got burned in the Custody Hearing for not having my documentation. That’s one big reason why I always communicate visitation through email. Before the order, she would routinely deny visitation and then denied everything in court. I had nothing to prove otherwise. I was guilty of everything she claimed also, because I could not disprove it. Doesn’t seem fair to me. I was screwed over before the hearing ever started.

Thank you again.

4

Also, one more question…

If she does not answer me, and I take that as her refusal for visitation… would I be correct?

I’d hate to spend $150+ in fuel and tolls plus 16hrs+ driving, and 1032+ miles on my vehicle to go to NC and only be able to see my daughter for the hour and a half that she is busy running and playing with her friends at her party… which is what my ex-wife is trying to say she thought I was doing.