Question:

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?

Answer:

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.