Non-custodial parent general rights and visitation rights

[averagejoe]

My ex wife has sole/full custody of my 13 year old son. Upon the divorce we made a VERBAL and mutual agreement regarding a visitation schedule which was not pursued legally in court. At the time we wanted to avoid any further court involvement. We agreed that my son would spend every weekend with me (Fri-Sun) unless circumstances occurring with either party made the visitation impossible, such as family parties, events my son participates in, etc.). I should note that I live in New York and my son lives out of state about 1 hour away. I do and have paid child support in a timely fashion as ordered by the court. I am involved in my son's life on a regular basis and even provide financial support in addition to the child support when needed, such as purchasing school uniforms, books, fees for extracurricular activities, entertainment, etc. However, if and when my ex wife and I have a disagreement or argument, no matter what the topic, my son becomes conveniently "unavailable" for a visit that weekend. I understand that on occasion he may choose to visit his other family members or have sleep overs with a friend on weekends which may interfere with my time, but when I reach out to my son to confirm his plans he responds with "its moms decision". This has occurred many times over the years. Specifically, it has occurred over the past 2 consecutive weekends and I can no longer accept this behavior. So, my question is: What, if any, rights do I have as a non-custodial parent? What rights do I have regarding visitation? And, what steps, legal or in general, can I take to prevent this interference with visitation from continuing.

At this point, I have only tried to reason with my ex wife verbally in order to get the time we agreed upon with my son with unsuccessful results...obviously. I appreciate any advice given. Thank You.

 

[Proserpina]

File for an enforceable court order. At the moment, you are at the mercy of Mom, and she won't face any trouble at this point.

I will say though, that the chances of you getting every weekend is virtually nil unless Mom agrees; the court will want to make sure she gets "down time" with your son. Expect every other weekend and one night per week.

The decree is out of New York? If so, try here: http://www.nycourts.gov/courts/nyc/family/selfrepresented.shtml