Q: My kids no longer want to go to their dad’s house every other weekend.
My kids are 16 and 10 and they don’t want to go to their dad’s house every other weekend anymore. He is my ex-husband and it’s court order visitation every other weekend. They are uncomfortable there due to the yelling of the step-mom, their dad drinking all the time and the parties they have at their house every month. He does not spend time with them nor participate in their extracurricular activities. Do they have to go?
A: It sounds like you would be in violation of your order if you do not encourage them to go. I'd encourage you to file a Petition to Modify Visitation to get the situation fixed. Talk to a local attorney to discuss your options here.
1 user found this answer helpful
A: Yes, they have to go. If the visitation is court ordered, your not requiring them to go may subject you to a motion for contempt for withholding visitations. Given your concerns regarding the home environment of your ex-husband, a modification of the visitation schedule may be appropriate. You should consult with an experienced family law attorney to discuss your options.
1 user found this answer helpful
A: You're expected to encourage children to have access to both parents. It's their right. On a motion from their father the court may find you in violation if the judge determines you're interfering with their parenting time. This is all too common and many judges are tired of it. If you're truly convinced visitation with the non-custodial is not in their best interest you must file a motion. You're not allowed to unilaterally decide to change the visitation schedule.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
