enforcing overnight stays

[nkristen]

My ex boyfriend and I have a one year old daughter. We do not live together. We have been able to keep out of the courts and arrange our own visitation schedule. Recently we have been unable to agree on scheuling and have been running into conflicts with him picking our baby up late and or dropping off early.

She only sleeps at his house Once a month. This is because it interferes with his social life not becasue he is unable to care for her.

I think its important that he sees her every other weekend for the entire weekend. Overnight. This is so that she is use to the surroundings and will not run into problems later on down the road.

I recently filed papers with the court to get this straightened out. My question is - Will the courts order that he take our child overnight on the weekends even if he states that he does not want her sleeping there?

PS - I live in New Jersey

 

[Duranie]

I do not believe you can force the NCP to use his overnights. However if he is getting a parenting time credit which deducts his CS from the amount of time he has the child, maybe its time for CS to be adjusted since he is not keeping the child overnight.

Does he have any family live by? It would be reasonable even to have his parents keep the child one night on his weekend so she gets use to them as well. if he doesn't want the child overnight (which is surprising) I don't think you can force the issue.

 

[nkristen]

he actually lives with his parents 5 min away for the time being. He lived in Manahtten and moved back with them when i was pregnant. Now he is in the process of going back to manahtten again.