visitation

[frustratedbr]

What is the name of your state?California
In our original court order it states that my ex-husband is to have my child on the Saturdays that are my weekend between 8am-3pm. It also states that if ex-husband is unable to take my child on that Saturday he is able to have another day by mutual agreement. He hasn't taken my child for two years, Now he states he wants my child on those Saturdays. Do I have to let him?

 

[LdiJ]

What is the name of your state?California
In our original court order it states that my ex-husband is to have my child on the Saturdays that are my weekend between 8am-3pm. It also states that if ex-husband is unable to take my child on that Saturday he is able to have another day by mutual agreement. He hasn't taken my child for two years, Now he states he wants my child on those Saturdays. Do I have to let him?

Technically yes, there is a court order in effect that says you must allow that. However, you are certainly free to petition the court to modify the visitation order based on past history. Has he seen the child AT ALL during the last two years, or has he just not taken the saturdays during your weekend? That could make a big difference in how a judge would react.

 

[frustratedbr]

Yes, he has taken my child during his other visitation that is stated in court order. The original reason that we put the Saturdays in the court order was because I work every other Saturday. At the time he refused to switch weekends. But since he changed jobs two years ago he was unable to have him on his weekend so we switched weekends and at that time he stated he could not take my child on the Saturday that was my weekend which was fine since I did not have to work on that Saturday since we switched. Any input is appreciated.

 

[Chelle0511]

Yes, he has taken my child during his other visitation that is stated in court order. The original reason that we put the Saturdays in the court order was because I work every other Saturday. At the time he refused to switch weekends. But since he changed jobs two years ago he was unable to have him on his weekend so we switched weekends and at that time he stated he could not take my child on the Saturday that was my weekend which was fine since I did not have to work on that Saturday since we switched. Any input is appreciated.

I did, he did...blah blah blah. Just let him spend time with his child! He obviously wants too.

 

[LdiJ]

Yes, he has taken my child during his other visitation that is stated in court order. The original reason that we put the Saturdays in the court order was because I work every other Saturday. At the time he refused to switch weekends. But since he changed jobs two years ago he was unable to have him on his weekend so we switched weekends and at that time he stated he could not take my child on the Saturday that was my weekend which was fine since I did not have to work on that Saturday since we switched. Any input is appreciated.

Petition the court to drop that Saturday visit out of the schedule. The original reason for it being there no longer exists, therefore you should be able to drop it so that you have your full weekends and he has his.

 

[Chelle0511]

Petition the court to drop that Saturday visit out of the schedule. The original reason for it being there no longer exists, therefore you should be able to drop it so that you have your full weekends and he has his.

~Yes, this might work. But then maybe give him an evening during the week. It's hard to be a dad 4 days out of the month!