Dear Attorneys,
I have primary physical custody of my son. He has visitation with his father every other weekend and a few other days sporadically. My ex often asks me to switch up times and I am very flexible with it. However, he does not return the favor, and I need him to be flexible on a few days over the next few months to accommodate some family obligations. What do I do?
Sincerely,
Swapping Sally
Dear Sally,
That is always a frustrating situation. The best thing to do is to ask him (in writing) if you can swap whichever days you need. You can choose to provide a reason, or not-that’s up to you. If he says no, then you are left with a few options. First, you can simply tell him you understand, but this is important for your son for these specific reasons, and he will be attending the family obligation, regardless. While no attorney will advise you to violate a court order, we will always say that you need to do what is in your child’s best interest. In this scenario though, your ex may file a post-judgment motion for contempt and say that you willfully withheld visitation. If that is true, there may be repercussions in the court. Alternatively, you can tell him that if he doesn’t agree, then you think you need to meet with a co-parenting counselor to work it out. If he refuses, you can let him know that you will bring him back to court for it and, since he is not acting in your son’s best interest, then you will be seeking additional relief (for example, more parenting time for you/less for him, or, final decision making authority in situations like this).
Remember, you don’t have to navigate this challenging situation alone. Seek support from experienced professionals who can guide you through the legal process and help you make informed decisions. Wolf & Shore Law Group is here to help you make your family law matters easier, not harder. We are realistic and direct with our clients. We encourage potential clients to seek out a firm where they will feel comfortable and confident. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
