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Ex isn't living up to the visitation schedule

Anonymous Asked:

Hi. After reading all of other post in "children" section nothing was relevant to my question. My girlfriend and her ex have split custody of their 2 children. They share the week alternating 4 days on 3 days off visitation. Lately her ex husband hasn't been taking them for his full 3 or 4 days. He's been taking them instead of Wednesday on Thursday and bringing them back early. Her ex has recently moved in with a new girlfriend who has sole custody of her own two children and he finds 4 kids to be too much. Is he mandated to take them for the time decided in the divorce agreement? If so does she need a court order to get him to live up with his side of the deal?

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Andrew Heft
10 years ago

Because children are involved in access arrangements, Courts will not order a parent to take care of his children if the parent is not interested in doing so. Asking the court to force the other parent to abide by the access schedule is not an option in this type of case. However, child support as well as certain government benefits are calculated using the actual amount of time a parent spends with his or her children. If the ex-spouse is not abiding by the agreement or court order, the remedy is to have the court change the access rights or at the very minimum, penalize the parent who is not respecting the access rights by establishing the support payable on actual access time.

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