Withholding visitation


#1

My husband and his ex wife implemented their separation agreement into their divorce decree almost 4 years ago. They have split custody with very close to equal time. My husband has the kids Thurs-Sun all but 1 weekend a month and the weekend his ex wife has the kids, he gets his 3 nights during the week, so he has them 3 nights every week and 1-2 sunday nights as well. She is aware that after her car(which is included as child support) is paid off then the child support will be re-visited, because what he pays now is far more than the calculator states but he agreed to give her time to get on her feet and find work. after 4 years, she is still unemployed, on welfare, and states she will not work bc she is raising her kids, not someone else, and that it is his responsibility to provide everything financially. when my husband mentions modifying the child support, her reply is always, less money equals less time with the kids. This agreement has been going on for 4 yrs, so my question is will a judge give him less time with his kids bc he ends up paying less child support? I am fully aware that the system is not always designed to protect fathers, but I would like to believe that a Judge will not give a father less time with his kids, just so a mom can get more money. I, myself am an ex wife and would never dream of using my daughter against her father for money, nor would I ever ask him for the insane amounts of money that some women feel they are entitled to. it takes 2 ppl to have a child and it should be 2 people’s responsibility to raise that child and provided financially. sorry, feel strongly about this issue.

thanks.


#2

If the kids are doing well there is no reason to change the status quo with respect to custody.Further, the mother would have to prove that a substantial change in circumstances has occurred to warrant a change in custody. Custody cannot be automatically modified just because one parent is seeking to modify support The system is not designed to protect either parent, but rather the children. If the children are thriving in an equal time split no judge will change that.