QUESTION
Can my ex-husband have his visitation time reduced for no valid reason?
Asked on Aug 27th, 2012 on Child Custody - Mississippi
More details to this question:
Can my ex-husband have his visitation time reduced from 10 overnights to 4 overnights for no valid reason. I work out of town when he has visitation so he knows this would reduce my income and cause me to incur additional childcare expenses.
14 ANSWERS
Leonard A. Kaanta
No.
Answered on May 22nd, 2013 at 9:54 PM
Kathleen M. Schmidt
There must be a material and substantial change of circumstances in order to modify a previous Order or Decree.
Answered on Sep 04th, 2012 at 2:28 PM
I'm not sure I understand your question. It sounds like the other parent is choosing to spend less time with the child/children than what the court has currently ordered. If this is a one-time occurrence, then there is probably no action that can be taken; however, if this is a permanent situation, you may be entitled to ask the court to order that your child support be increased to reflect that he is spending less parenting time and you are incurring more child care expense. I recommend you speak with an attorney to discuss this matter in greater detail.
Answered on Aug 28th, 2012 at 9:14 PM
1 Award
You would need valid grounds to reduce his visitation.
Answered on Aug 27th, 2012 at 9:28 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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He can modify visitation if he can show it is in the best interest of the child. However, the reduction in his visitation will also effect his timeshare which may increase his child support payment.
Answered on Aug 27th, 2012 at 9:27 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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There must be some change in circumstances to change custody or visitation. You may be able to convince the judge that loss of income is a good reason. Or there may be some other change to accommodate your schedule.
Answered on Aug 27th, 2012 at 4:55 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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He can choose to reduce overnights for any or no reason. That results in an increase in child support and if there is a cost increase, an increase in child care payments by him to you.
Answered on Aug 27th, 2012 at 3:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Parenting time is commonly voluntary. Is there an order which sets the current situation? If so, it can probably be enforced or a change made to allow your continued employment.
Answered on Aug 27th, 2012 at 3:22 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Bring the issue of visitation to a FOC referee and get a ruling based on the circumstances given.
Answered on Aug 27th, 2012 at 3:22 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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You unfortunately cannot force a parent to exercise parenting time. If he is voluntarily reducing his visitation, you can consider modifying the custody, parenting time orders to reflect what he is actually exercising. If you are also incurring additional daycare expenses as a result (or your income is reduced) you would then need to modify child support to make adjustments for those changes. In the end, it would likely increase his obligation for child support to offset the costs you are incurring. I would consider consulting an attorney for more information.
Answered on Aug 27th, 2012 at 3:22 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The simple answer is "yes" because a court cannot directly compel a parent to exercise his right to time with a child (Colorado no longer uses the word "visitation" and, instead, refers to parenting time). Depending on the father's reasons, a court might decide that father doesn't care enough about his children to justify any parenting time and tell him that if he doesn't want to continue the 10 overnights then he can't have any at all. There is nothing now that forces him to use all 10 overnights anyway, but if he (or you) wants to change child support based on change in number of overnights a court order will be necessary.
Answered on Aug 27th, 2012 at 3:21 PM
In most jurisdictions, the noncustodial parent does not have to exercise visitation if they choose not to do so. However, if the noncustodial parent does unilaterally reduce his visitation time and there is a demonstrable impact upon the finances of the custodial parent, that might be grounds to file a complaint seeking an increase in the child support.
Answered on Aug 27th, 2012 at 12:48 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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Work related childcare expenses can be added to child support. In addition reducing his time with the children would potentially lower his custody percentage which would increase the amount he would be ordered to pay in child support. It is not clear from your question if he is voluntarily not exercising his visits or of a court order is being modified. You should consult with legal counsel as soon as possible.
Answered on Aug 27th, 2012 at 12:45 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Yes he can.
Answered on Aug 27th, 2012 at 12:44 PM