No you do not lose your visitation rights but there needs to be another arrangement worked out. If your custody order states that your pick the children up at a certain time, then you may have to file for modification but unless the judge is a real hard case, you shouldn’t have a problem with that and the ex may end up getting “reprimanded” for not working with you so that your visitations can be taken. Your ex really should change the time that you pick up your daughters to Saturday, instead of trying to take away your visitations all together. She is not entitled to “take away” your visitations even if child support weren’t paid.
You need to talk to an attorney.
Dear rex:
Greetings. Can you have a family member assist you with pick up? You do not lose your visitation because of your job change, but you may have to go back to court to get the judge to fix your ex’s view of this issue. 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.
what if the father has not been there for the majority of visitation and is just sending his family to take his visitation? I insisted he pick up one way so that I would know he was there…is that not important?
Unless your agreement specifically states it, your ex can have family pick the kids up and spend time with them. Do you not want his family to spend time with the kids? My understanding is that the ex’s weekends were his to do as he see fit unless specifically stated in the custody agreement.
My ex would frequently drop the kids off at his Mom’s so he could do what he wanted OR sometimes work related things. It’s his time and I thought it great that the kids got spend time with aunts, uncles and cousins and grandma. Time not spent with his kids is time HE loses. You can’t get that time back. So let the kids spend time with his family. The best thing is to try to be cordial and as friendly as possible with everyone. My relationship with my Ex-Mother in law is better NOW than ever. My ex and I don’t talk much, but my ex-MIL speaks to me and sends me frequent emails and sweet FWDs.
Dear soccermom:
Your ex can have his family exercise visitation during his time. If it becomes every time, then you may have an issue. 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.
i am suppose to be able to pick up my girls every other weekend and i have been, but i have since started a new job, i work 2nd shift i have to at work at 4:00 and don’t get off till 11:00, my ex, tells me since i can’t be there at 6:00 on fridays that i lose my visitation rights, and the only way i get them back is to go to court, am i in the wrong, i have to work to be able to pay her child support, she has full custody, just wondering what to do, it would be different if i was a died beat dad, but child support has been paid every month and i have tried to be the best dad i can considering the situation, please respond, thanks