Father does not exercise visitation-NY

[kbonkers]

My ex-husband has very liberal visitation according to our divorce stipulation. He is entitled to every Wed. from 6pm to drop off at school the following morning. He is also entitled to every other weekend from Thursday at 6pm to Monday morning drop-off at school. He only takes him every Wed. from 5-8 pm and usually for a one night sleepovers 2 times per month on average. Then he is dropping him back of at home the next day. I cannot get him to follow a regular weekend schedule. I cannot plan anything in my life because of this sporadic visitation. I cannot speak to him about any concerns of mine because he yells obsceneties at me and hangs up on me all the time. I speak to him through text messages. Can I go back to court and change his visitation based on his lack of wanting or exercising it? This may make him adhere to his visitation if he thinks he may lose it. I'm tired of being controlled by his visitation at his convenience.

 

[jacksgal]

If the vistitation schedule as is, is a problem then yes go back to court and get a stricter order if you can. However keep in mind this isnt about you and your plans its about the child spending time with his/her other parent. Approach it in court without a lot of "this effects me negatively" Your going to need to that some but to make it focus could look like to parents refusing to get a long and child suffers as result

 

[Duranie]

The courts likely are not going to take away Dads visits because as a NCP he is not required to use his visits. I would give Dad 30 minutes leeway to pick up the child. If he doesn't show then tell him you are making other plans.