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Do I have any rights?

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  • Do I have any rights?

    My ex-wife and I divorced a few years ago. At that time she lived about 5 miles from my residence and I was able to see my son every other week (wed-sun). However, she recently moved in with her boyfriend and lives about 45 minutes from me (one way). This has left me with only seeing my son every other weekend. I've since asked her if I could get him during the summer months, because of my reduced visitation, but she hasn't been cooperating. We both have joint custody and she is the primary care-giver. I guess my question is this, do I have any rights here? Do I have to sue her to see my son?--I don't like the idea of having to do this, for the sake of my son, but I also think he needs to spend quality time with his father. Any help would be greatly appreciated.

  • #2
    mc15601: Do I have to sue her to see my son?

    No! Just get in your car and drive. He's only 45 minutes away. Many people drive longer than that to go to work.
    Barry S. Phillips, CPA

    IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.


    • #3
      Yes, that sounds logical but but my work schedule doesn't permit.


      • #4
        What does the custody order state?

        You are both required to abide by the order, so if it says that your son is supposed to be with you from Wed-Sun, then that is where he is to be...regardless of your ex's decision to relocate. As she is the one that moved, it is up to her to ensure that the custody/visitation arrangements are not disrupted. This does not give you a free pass to be obstinate (and I am NOT saying that you have been...just know that many say, "well, SHE moved, therefore I am going to make her figure it out. If I don't agree with it, she can go pound sand.") If the custody/visitation arrangement is not feasible, one or both of you will need to file for modification of the custody order. Until such time that the order is modified, you and she must abide by the order. If she is not abiding by the order as stated, you can file for contempt, but in order to keep peace for your son, if there is any way to work this out between the two of you, that is the best option.

        On the other other hand, if the order states that you get every other weekend and you and she decided that you would spend more time with your son than the order provided for, there is not much you can do. She is abiding by the order.
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)