Monday, May 30, 2011

CAN I RESCHEDULE MY EX-HUSBAND'S VISITATION?

QUESTION: Can I reschedule inconveniently set visitation? I have sole custody of my two children ages 3 and 1. My Ex-husband abandoned my oldest which was 6 months old at the time and I. Both of our children have only seen him a total of 4 times in 3 years. Our youngest has no idea who his father is. In the divorce decree it states he can take the children for 2 weeks with enough written notice. He has sent me a certified letter saying he will designate his mom to pick up the children for the 2 week visitation. The problem is I have a serious commitment that I had planned for 6 months in advance on the dates he wants his mom to pick up the children. I cannot change this commitment and the children are included in these plans. I am more than willing to let him take the children but I am wondering if I can reschedule the visitation for a month later? He is not very compliant, understanding or willing to compromise with me even though I am happy to let him take them just not at the time that he believes is convenient for his mother to take our children. Is there any way I can reschedule his visitation with them for a moth later? Our divorce decree does not say I have to comply to his request and please him on the dates he chooses.

MY ANSWER: You can tell your ex-husband that he didn't give you enough advance notice, and that you had already committed to plans with the children that you are unable to change. Ask him to change his visitation to dates that don't conflict with your plans. If he refuses, file an Order to Show Cause to modify (reduce) visitation based on his lack of visitation over the long period of time and his refusal to accommodate your prior commitment, and schedule a court mediation of that issue to try to get it resolved before the hearing on the OSC. If there isn't enough time to schedule an OSC, you might file an Ex Parte Application for an Order Shortening Time to set and serve your Order to Show Cause. You would best be represented by an experienced Family Law Attorney in such matters.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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