My son sees his father once a week for 5 hours. The order is that this take place on Saturdays. The father constantly cancells his visits, and averages 2 visits a month instead of four. Anyway, my son wanted me to sign him up for basketball, and so I did. I was just informed of the game times/day and it happens to fall during father's visitation. Called my ex, who views my son's activities as me interfering with his time [ sports, friend's b-day parties etc]. He is refusing to take my son to his basketball games, nor will he switch times or days with me so that I can take my son to his games. He has informed my son he will not be playing basketball, and has left my child heartbroken and in tears. Father refers to the visitation as "his time" not my son's time with him, and father says that he can do whatever he wants, which consists of having my child sit in the bedroom he rents out of someone's home and playing video games for the entire 5 hours. The kicker is the basketball program only lasts for 6 weeks, and frankly, the father will most likely cancel 3 of his visits out of the 6 I am referring to. Here's my question: Can I send a certified letter stating that for the next 6 weeks his visitaion will occur on the opposite weekend day? I am not witholding visitation, I have no problem giving him his court allowed time, but I don't think it is fair that my child cannot play sports because his father is trying to wage a war against me.
Submitted by tdf1025 on Mon, 12/08/2008 - 10:40
Editor's Response
Sorry about your situation, but you cannot unilaterally alter or modify a court order regarding visitation. You either need to get your ex-husband's permission, or go back to court to seek a modification of the schedule. You will have to file a new 'Complaint for Modification" (typically at the same probate and family court that issued the original order.) Good luck.
Alterations to Child Visitation Schedules
tdf1025;
The editor is correct. You cannot unilaterally make any changes to the visitation schedules, temporary or otherwise which have already been presented to, and approved by, the Court
In order to make any change in the visitation schedules, you must 1. come to an agreement with the child's father to make a change [ my recommendation is that you get this in writing from the other party] or 2. File a Motion For Modification in the appropriate Probate and Family Court [usually the court where your divorce was finalized]. There are forms for such Motions available at the Courthouse. Although the Clerks are very helpful in asissting you with filling out the form, they cannot, and will not, give you any legal advice.
Good luck.
James Thomas Kinder, Esq.