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Custody

Posted by on Apr. 9, 2013 at 11:19 PM
  • 8 Replies
Alright. So right now Austin and I have a custody agreement that he gets the girls every other Friday night and Sunday nights. But he is refusing to take the girls after we spent all that time in court getting it how HE wanted it. My lawyer said the chances of a judge changing it are slim to none. And he wont even help me. Any advice on how I can get it switched back to one night a month or none at all?
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by on Apr. 9, 2013 at 11:19 PM
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Replies (1-8):
Oliviasmom72
by Silver Member on Apr. 9, 2013 at 11:46 PM
1 mom liked this

As a non custodial parent he's not required to use his visits. If your attorney says no chance then they know. You need a longer track record. If he got a child support reduction because of this parenting time he does not use then I would wait it out a few months. Get a calendar and keep track of all missed visits.

Oliviasmom72
by Silver Member on Apr. 9, 2013 at 11:47 PM
How many visits has he missed since the court order?
Robsessed98
by on Apr. 10, 2013 at 12:31 AM
1 mom liked this
Idk about other states, but in OK we can only go to court to modify once a year, unless its an emergency. It's up to him whether or not he takes his visitation, but paying support isn't his choice to make.
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LifeCafe42
by Nora on Apr. 10, 2013 at 12:32 AM

Your lawyer is right document every time that he doesn't take them and eventually you can go back to court but he's basically taking what he was getting so why spend more money and time in court?

Oliviasmom72
by Silver Member on Apr. 10, 2013 at 12:54 AM

MommaPeyton..I read your profile. You are 18 and have 3 kids? Is that a typo or no? 2 live with you one appears to have been adopted out. Gasp. Boy do you have your hands full.

sid1083
by Silver Member on Apr. 10, 2013 at 3:56 AM

 Why do you need to go back to court to change it back when that's the new status quo? Doesn't seem to make sense to waste the time and money to really have nothing change.

I'm with Oliviasmom - if he got a CS reduction, all you can do at this point is document. But you can't force someone to do something they don't want.

krisnkids
by Gold Member on Apr. 10, 2013 at 7:20 AM

Not really, visitation is a right not a mandatory thing.  Document everything and then when you go back to court for something else you can address it.

dawncs
by on Apr. 10, 2013 at 8:37 AM

It really could be a worse situation. He could have fought for 50/50 custody and did the same. It would affect child support in it either being nonexistant or very little. Just remember, you can't force anyone to be a father. The best thing to do is keep positive male role models in life for them either friends or family.

Dawn


Group owner of Different Learners Support Group (http://www.cafemom.com/group/118648)

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