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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42865
Experience:  30 years as a family law lawyer .
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Open visitation schedule that allows for 2 weekends a month

Customer Question

Open visitation schedule that allows for 2 weekends a month that need to be agreed upon in writing at least 48 hours prior to the intended visit. Received last minute request after RSVP for child to attend best friend's party. Offered non custodial parent to take the child to the party or to drop him off and I would meet child there. Party is the afternoon of the last day of visit. Also offered additional time in the form of an additional day to compensate. Non custodial parent refused to take child to party with no specific reasons why. I then declined the request so that my child can attend best friend's party and questioned why child is asked to take part in social activities when with noncustodial parent. In response, non custodial parent demands Thanksgiving day (has never requested to spend with child their entire life). As it is a mere few days away, we of course already have plans. Parent declines offer to have him from day after TG to Sunday (1 day more than the current order allows). Previous verbal arrangement to have child for one of the 2 weeks that they are out for winter break now come as a request for NYE and 2 other weekends in Dec. The current order allows for 2 weekends. Parent has also never requested NYE and custodial parent has traditional plans with child that were recenty shared with noncustodial parent who in turn also opts to not spend christmas with child. Non custodial parent now threatening to take matter to court. Is inconsistent with visits all of child's life, (going weeks and at times months) has not attended open school, PTAs, doctors appointments and is consistently behind on child support (the last time 6 months behind). Noncustodial parent capable of dishonesty under oath as in original court proceedings.
1. Do they have ground to stand on?
2. Concerns for child's social and extra curricular obligations as they age. Is child when with non custodial parent, despite being in agreement with enrolling child in such activities not expected to participate or uphold obligations?
3. Grounds for full custody (currently primary physical custodial with joint legal custody)? Long history of disruptive behavior by noncustodial parent resulting in loss of child care, disrupted dr visit (the only one they attended), child endangerment x 2, and a laundry list of other false accusations made of custodial parent.
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  RayAnswers replied 11 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 11 months ago.

Here as far as visitation you need only comply with the current orders.Even if there has been deviation in the past, here as long as you comply you are fine.The real problem here is that the visitation no longer works,The child is older and needs non custodial parent to pitch in with activities.

If the other parent her take you back to court then it cuts both ways you have a chance to formalize the visitation.Again the orders control , the existing ones for now, any future ones when modified.

1. Do they have ground to stand on?Not if you are following existing orders here.
2. Concerns for child's social and extra curricular obligations as they age. Is child when with non custodial parent, despite being in agreement with enrolling child in such activities not expected to participate or uphold obligations?

I agree with you the no custodial parent has to shoulder their share of transportation here and participation during their visitation.

3. Grounds for full custody (currently primary physical custodial with joint legal custody)? Long history of disruptive behavior by noncustodial parent resulting in loss of child care, disrupted dr visit (the only one they attended), child endangerment x 2, and a laundry list of other false accusations made of custodial parent.

You only have to comply with existing orders.I understand you try to make deals and thats ok if the other side agrees otherwise you live and die by visitation orders.It may be time to return to court because child has aged and change is needed here since other parent will not cooperate.

I appreciate the chance to help you tonight.Thanks again and the best here.