Q: Can we go back to court to modify visitation? Ncp refuses to keep visitation.
April 2018 joint legal custody was granted for ncp and self, i was granted sole physical custody. He petitioned the court for visitation to avoid paying child support. He was ordered to pay 500 monthly plus 50 arrears. Currently 17k in arrears. He just started paying in September. A graduated visitation schedule was to start May 1st with regular visitation starting August 1st. He's kept 1 visit and refuses to communicate. Children are 2 and 3. Can we go back to court to modify visitation so that there is accountability on his part for non compliance of the order? He has a fiancee whom he spends most of his nights with. Unsure if that's the reason for him not keeping visits. Can he be placed in contempt? We both live in Huntsville. Exchange is supposed to take place at the police station. He's stated he's not doing that. Took kids to his home 2 thursdays ago for visit and waited for him to come home. Never did. Kids were devastated; crying; 3 yo asked why daddy won't see her
A: Yes, you can go back to court and ask the judge to suspend his visitation for not complying with the graduated schedule. The point you must make is that this is bad for the children. I do not understand your comment that he went back to court for visitation to avoid paying support. He will have to pay support no matter what. You need to hire an attorney who practices in your county and before the judge in your case. Listen to what he or she tells you. Good luck.
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