Restricting Visitation

[jlewis405]

I am wondering how long would a NCP have to NOT excersise his visitation before the visitation could be restricted?

 

[Duranie]

Visitation is an option, it does not have to be used. Whether a judge wants to reduce visitation depends on the case.

In the childs case, although your ex appears to be a deadbeat and not paying CS, I am sure the child still wants to see his/her dad so not sure how restricting visitation even more is in the childs best interest or if it would be worth it to pursue.

 

[jlewis405]

As far as paying his support he will take that up with a judge 11-1. I am pursuing that persistantly, I have filed a contempt citation. My child is only 8 months old and he has only seen her 12 times. The reason I am asking is because I am the one taking her to his grandmothers house (that is where the visitation is to be conducted) as well as going to pick her up. My attorney has told me that if he doesn't show up by a reasonable hour, I can go pick her up and take her back to daycare. I have been advised to keep taking her even if I think he won't show to keep from getting held in contempt myself. My attorney told me that if he doesn't excersise his visitation I can have it resticted so that I am not having to keep putting forth an effort if he isn't going to show up. I was just wondering what that time frame is, or if anyone has had a similar situation. I know he doesn't have to see her but I am the one who takes her and I have to until told otherwise.

 

[carney]

A judge wont restrict visitation just because the father doesn't visit. Like said above, the father doesn't actually have to visit if he doesn't want to, but we (the custodial parent) have to make sure the children are available to visit or we get in trouble. I went through the same thing with my ex. I too had to take the children to the grandmother's house for the visit and a lot of times he wouldn't even show up. My papers state that if he's not there within 1/2 hour then I can leave. He had supervised visitation then but now he doesn't. He usually calls now if he's not going to get them for the weekend.
Do you have a restraining order on him or is there some other reason he can't come to your house to pick the child up for the visit? If he could do that, then if he didn't show in a 1/2 hour or hour you wouldn't be put out having to drive the baby back and forth. If you have a restraning order or if he has supervised visits then unfortunately you're stuck.
If he does have supervised visits and is not visiting then he is not actually doing the supervised visits. My ex did that too. He had 18 months supervised visits and then moved after 6 months and didn't do any visits. Then came back after 2 years and expected the supervised to be up. He took me to court because I wouldn't let him have the kids unless it was supervised but the judge sided with me because he didn't do the time. He was ordered to finish the supervised visit and told he had to visit or it didn't count.
You definitely need to go to court because it isn't fair that he's wasting your time and the judge will probably figure out another way of you exchanging the child without it being unfair to you, but he wont restrict his visits.