When Your Ex Doesn’t Follow the Visitation Schedule

Posted January 17th, 2014 by .

Categories: Family Law.

You and your spouse share joint custody of your child. As the primary custodial parent, the child spends most of his time with you. However, your spouse is less than regular with his visits. He misses his weekends constantly and shows up at your door for an unplanned visit. Not only that, but your child keeps refusing to see his father. What can you do?

First, be aware that your ex-spouse is legally bound to visit on his/her selected days as established in your divorce agreement (or by a court order). Being flexible on which days your ex sees the child can be in your child’s best interest, even though it can be an inconvenience to you. However, you may want to remind your ex that according to the terms of your divorce agreement he/she should be seeing the child on these days.

If your child does not want to see your ex, there really is nothing you can do legally to stop your ex from visiting. However, there may be an underlining issue as to why your child doesn’t want to go with your ex. Is there abuse taking place that you don’t know about? Is your child being neglected? This may mean going back to court and reworking your custody agreement.

Going through a divorce and worried about child custody? Contact Jersey City custody lawyer Anthony Carbone today for a free consultation. And don’t forget to click here to download our free e-book filled with information on your rights and your child’s right during a divorce.

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