I have primary custody of my children, and my ex-wife has visitation every other weekend.
Recently, she has begun texting for early or late pickups and drop offs, despite the court order specifying exactly the time and place where these are supposed to occur.
What can I do to make her abide by the visitation schedule?
The first thing I would recommend that you do is notify your ex-wife in writing that you are requesting she abide by the specific terms of the court order.
If she continues to be late or continues requesting modification to the pick-up or drop-off times, then I recommend that you contact an attorney in your state to review your case.
You may have grounds to file a motion for modification of custody or a petition to find your ex-wife in contempt of the order, or what we call a Petition for Rule to Show Cause in Virginia, which is where I practice.
A lot of this will depend on how late or how often your ex-wife is requesting changes to the schedule. For example, if she is 15 minutes late to pick up your children, that probably will not rise to grounds for filing a petition to find her in contempt.
However, if every weekend she has visitation she arrives two hours early and has them ready to go two hours late, that is a problem. Your children need a specific schedule for stability, and that is why your court order has specific times.
I recommend that you contact an attorney to go over ways you can ensure that your ex-wife is complying by the terms of your custody order.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney in Virginia, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”