What do I do if my ex is not following the court order for visitation, transportation costs, contact, etc?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What do I do if my ex is not following the court order for visitation, transportation costs, contact, etc?
My ex lives in another state and has our child for the school year, while I have holidays and summer. In the court agreement it says we are to share transportation costs, it says the dates (roughly) he should fly, and that she must provide me with info and contact. She rarely answers the phone, does not allow a cell phone, or email, has now refused to pay any transportation costs and just told me since our son is failing that he won’t be visiting this summer because she will be in summer school. First of all, can she do this? Do I need an attorney in my state or hers?
Asked on October 21, 2011 under Family Law, New Hampshire
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First of all, one needs to know what type of parenting agreement and custody you have here. Althoughit is obvious that your ex is the custodial parent for your son and you have visitation rights on vacations, etc. But what about the right to make decisions on his behalf? Health, school, etc.? Is that right yours as well as a joint custodial parent? Then you need to start asserting that right by obtaining progress reports on school and figuring out what is going on. And if you need to modify the agreement or do anything to enforce it it has to be done in the state in which the child resides, so not yours at the present time. If your child is failing and needs summer school that does not necessarily negate his coming to stay with you. You can work with the school to find a program in your are for him to attend that they will give him credit for. But you need also to step in and see why he is failing and get him help. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.