Thursday, January 21, 2010

What can you do when the other parent will not cooperate with child visitation?

My brother picks up his children at the beginning of scheduled visitation. Often, when he goes to return them, their mother will not come home or answer the phone. She often leaves them with him for days until she is ';ready'; to get them back. Is there anything he can do? It seems unfair that he has to rearrange everything based on her whims.What can you do when the other parent will not cooperate with child visitation?
Sometimes the only answer is to contact the lawyer. It would be nice if there could be open communication between two adults who have a mutual share of the children. For the sake of the children and less arguments there needs to be an impartial 3rd party that can voice these concerns. How about you? Were you ever close to her? Maybe you can explain the severity of the situation without having to involve an attorney. What can you do when the other parent will not cooperate with child visitation?
What does he want to do? He's getting his kids longer while other fathers are fighting to see their kids.





He should keep a daily journal noting the time spent with the kids, just in case she one day calls the cops and says he's not returning them.





He could go for custody, once he's collected enough evidence, about 6-112 months, but don't expect her to be ordered to pay child support. Less than 15% of noncustodial mothers are ordered to do so, with only 5% of them actually paying it. That 7 out of 1000 noncustodial mothers, compare to 85 out of 100 fathers.





He could also file for an expanded visitation schedule and reduction in child support.
He needs to take her to court. The family court can do several things with this. They can give him custody (not real likely) or they can lower his support under his claim that he is paying more support than ordered by having to care for them extra amounts of time. He needs to seek help from an attorney.
Next time she does this, he needs to contact the courts and file for abandonment. Then try to go for full custody. This mother seems to be very irresponsible and should not have custody of her children.
He needs to contact his lawyer and go to court about this.

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