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Visitation changes??

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  • Visitation changes??

    I am writing you in regards to a battle of visitation rights. I am the full custodial parent of daughter, Breanna Henry, and her father, Dale Henry, has visitation rights. Back in March of 2005, Dale contacted a lawyer and had visitation rights drawn up. The papers consist of: A 2 week period in the months of January, April, July, and October commencing July 2005; each 2 weel visitation period shall commence on the second Saturday of said month; 1 week at Thanksgiving in alternate years commencing 2005; 1 week at Christmastime each year; Christmas visitation shall include Christmas Eve and Christmas Day in alternate years commencing 2006.
    Also, back in July 2004, I had papers made up for child support and daycare. He is to pay childsupport and one-half of day care expenses. Well, he is $350.00 behind in child care expenses- which only consists of $45.00 every two weeks- showing he is extremely behind.
    Within this year, Dale has only called Breanna about 8 times. He has also defaulted the visitation agreement as follows: he did not take Breanna during Thanksgiving in 2005, he did not take Breanna during Christmastime 2005, and he did not take Breanna in October 2006.
    Where I am standing is I need to know if there is anything I can do because he now wants to take her for Christmas this year? I don\'t believe he can just because he has defaulted the agreement, by his lawyer, so many times, and he is so far behind on child care expenses.
    I appreciate your time and I would appreciate your repsonse to this inquiry/ suggestions on what my options are.

  • #2
    Re: Visitation changes??

    His payments are a separate issue and cannot be reason to deny a visit. As long as the order exists you have to let him take the child normally. You can go back to court and explain the hardship and the failed visits and the inability to plan with his behavior, and the court may let you change the order.

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