QUESTION
Can I enforce other parent to take the kids on their scheduled days?
Asked on Jun 13th, 2013 on Child Custody - New Jersey
More details to this question:
I am having a problem with the father of my children cancelling his scheduled custody days at the last minute. Our custody contract says that he may have the children 2 overnights a week on days that are agreed upon 24 hours in advance. He will ask for a day, I agree and then an hour before pickup time he will say never mind. It is really hard on the kids to think they are going to spend the night with him and then while we are waiting for him to come, he calls to cancel. I would like to find a way to adjust the contract so that this can stop happening.
2 ANSWERS
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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If it is just an agreement/contract out of court, it can only be modified by agreement of both parties. If it is an actual court order, you would have to file for a motion to modify which the grounds are proving a substantial change of circumstances. Or, you may simply want to file a motion for contempt if you want to keep the current terms but simply enforce it. You should consult an attorney or check online for some helpful NC do-in-yourself motion forms (check Mecklenburg county online as a start) but then still consult with an attorney to review and advise.
Answered on Jun 14th, 2013 at 9:30 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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No.
Answered on Jun 13th, 2013 at 3:41 PM