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How hard is it to change a final parenting plan?

I am curious how hard is it to change a final parenting plan. I am having a hard time with my daughters father he hasn't seen his daughter in like 3 weeks due to her being "sick" and his new personal life which happens to fall on to his visitation time. Any advice would be welcome.

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Anonymous

Asked by Anonymous at 8:00 PM on Jul. 26, 2009 in General Parenting

Answers (6)
  • file contempt at the court is all i know
    my sons father never had visitation so im not really sure
    good luck
    mommymeg03

    Answer by mommymeg03 at 8:09 PM on Jul. 26, 2009

  • Depends. If Dad is up for the change it's easy. You file for a modification, get sent to mediation(most states it's the norm to be sent through mediation before it goes to court). You work out the new plan between the two of you and file it with the courts. If you can't come to an agreement and it has to go to court it gets more diffficult, and potentially a lot of $.

    You can't file contempt for dad not exercising his visitation. It's a right, not a requirement and if he choses not to exercise that right he's free to do so.
    desert_diva

    Answer by desert_diva at 9:05 PM on Jul. 26, 2009

  • If he is in contempt of the parenting plan, you can file a contempt motion on him. In many states, 3 comtempt motions gives the filing parent the right to file a new parenting plan. Otherwise, it has to be agreed upon by both parents or you have to wait a certain amount of time & ask the court for a review.

    In the meantime, document everything. Even thought missed visits aren't considered contempt, keep track of the visits that he misses. That way if or when you do go to court, you have evidence & can show a pattern.
    funnyface1204

    Answer by funnyface1204 at 10:11 PM on Jul. 26, 2009

  • "You can't file contempt for dad not exercising his visitation. It's a right, not a requirement and if he choses not to exercise that right he's free to do so."

    You are absolutly correct. My husband didnt' take 1 visit because he had bought plane tickets months in advance to his brothers wedding or when I had a surgery and his ex tried to tell the judge he wasn't following the order. She tried to make herself look like the "good guy" by saying, "I didnt' say anything when you went to the wedding or when your wife had surgery...." It was his choice to take the visits, She is the one who had to provide the children for him.

    The only thing is it can show that he is unwilling to take visits. But if he had told you ahead of time and has a good reason, there isn't much you can do.

    and I don't know what you mean by "sick" She lives with you and you don't know if she's really sick?
    Anonymous

    Answer by Anonymous at 10:17 PM on Jul. 26, 2009

  • You cannot file a contempt on a parent that doesn't want to have anything to do with their child. If your child has been sick, do you really want her to be away from you? You really need to talk to your attorney. Just remember that you can't force a parent to visit or be a parent. Learn to be a single parent and doing everything on your own.
    tyfry7496

    Answer by tyfry7496 at 10:24 PM on Jul. 26, 2009

  • For right now you need to just let it be. Realize that there seems to be a good chance he's not going to show.


    Do yo have a time set for visitation and how long you have to wait??? That's all you need to do.


    DO NOT EVEN MENTION VISITATION to you rdaughter unless he's CONFIRMED that he's coming (and don't plan anything super fun on those days) J


    ust keep track of when he show and doesn't. After maybe a YEAR or MORE of constantly missing 90% of scheduled visits, you may file for modification (maybe)

    MamiJaAyla

    Answer by MamiJaAyla at 12:54 AM on Jul. 27, 2009

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