Visitation Non-Custodial

Dear cougar242:

Greetings. Generally, there is no penalty if one of the parents does not show up for visitation. One of the things your spouse can do is file a motion to modify custody, asking the court to curtail the time the father has with the children and/or for babysitting costs if the other parent has plans on the time of the other party. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.

The father of my stepchildren has visitation rights for his children every other weekend. He is very unreliable in his visitation with the children. He has also stated that the law “as instructed by his attorney” although we have not found him to have one. “internet lawyer pro-se” that his visitation is like the children going to school, if they are sick he does not have to pick them up, etc. I have scanned the statutes and caselaw with lexis-nexis and casemaker and have been able to find any evidence of this to be true. So I guess my question is “has anyone heard of a school-type allowance for the non-custodial parent that allows the parent an excuse to not visit with his children and if not what are the alternatives that the custodial parent can use to rectify the situation of not being able to plan anything within the visitation periods or having to change plans constantly for his refusal or non-visitation with the children?”
Sean Walker

Sean Walker