Your Ex Never Shows Up For Scheduled Visits – What You Can Do

Unfortunately, in some divorces, one of the parents will constantly not show up for their scheduled visits (parenting time) with the parties’ children. This can be especially frustrating when the location for the exchange of the children is at a location that is not your residence. Here are some things you can do if your ex is not showing up for scheduled visits.

  1. Keep a log (diary) of each time that your ex does not show up. Make sure your log states the date and how long you waited. In general, you should wait at least 15 minutes before leaving the exchange location.
  2. Text your Ex. Since virtually everyone has text capability, you should text your ex prior to the exchange time (about 30 minutes before) and then also text your ex when you are at the exchange location. If the exchanges are at your residence, then you can text at the time when the ex is supposed to be there. Make sure to save and print out your text messages.
  3. Send letters to your Ex. After three or more “no shows”, you should send a letter to your ex, stating that he/she did not show up at the exchange time or location. In the letter, you can state that unless your Ex gives prior notice that he/she will arrive on time for the next visitation time, that you will not be there for the next exchange. It is good advice to have your attorney send this letter. It is also good advice to send the letter by certified mail, return receipt requested.
  4. Go to Court. You may want to go to Court to get a Court order stating that you do not have to wait for your ex to show up at the exchange location.

If you are seeking a divorce or need to hire an attorney, please contact David Badanes and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office’s phone number is 631-239-1702, email at david@dbnylaw.com or visit us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.

Do I Have To Force My Child To Visit The Non-Custodial Parent?

Legally, the answer may be “yes”. If there is a Court Order requiring “visitation” or “parenting time”, then, you are required to follow the Court’s Order.

However, a parent with a young child versus a parent with a teenager are two very different scenarios. In virtually all situations, a young child will be required to have parenting time with the non-custodial parent. In contrast, a teenager who is over the age of 16 years of age, may not be “forced” to have parenting time with the non-custodial parent.

Although, you are required to follow a Court’s Order, there is also a “reasonableness” and common-sense factor. In other words, there could be an overriding situation, where you do not need to physically deliver the child to the other parent.

For example, if a child is too ill or too sick to visit, then you could legitimately have a valid reason to keep the child at your home. However, the child better be “truly sick”, as the other parent could order a “well check”, by calling the police to see if the child is ill or too sick to visit.

If a child is too ill or sick to visit, or a teenager is refusing to visit the other parent, it is important that you communicate the situation in a timely matter with the other parent. This will make the courts view you in a more positive light, than just not delivering the child at all. It may also help to document each instance of your child’s refusal, and the circumstances surrounding the event.

If your teenager doesn’t want to have parenting time with the other parent, you should try to determine the reasons why. It should not just be because they are “bored”. However, if there is a seriously negative situation at the other parent’s home – i.e. physical abuse – then you should take action in court immediately. You should not just simply stop visitation.

It is important to note that Courts want both parents to be involved in their children’s life. If you cut-off all visitation with the other parent, there could be serious negative consequences to you.  For example, the Court could determine that you are no longer eligible for child support.

If you have questions regarding custody and are thinking of seeking legal action, contact David Badanes and the Badanes Law Office, P.C.  Call us at 631-239-1702 or email David Badanes, Esq. at david@dbnylaw.com. The Badanes Law Office has offices in Northport and Uniondale.

Please like us on Facebook to get important legal news, tips and articles: https://www.facebook.com/BadanesLawOffice.