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Unknown82's avatar

Custody Question.

Asked by Unknown82 (228 points ) January 21st, 2012

Okay so I went to court to finalize my divorce and custody on November 2nd. I was awarded Sole Legal Custody but he still got visitation every other weekend. Well he is aware of this and we talked about when his weekends would be started and what holidays he had and everything. Since the court date he has not gotten them for any of his weekends and hasn’t contacted me. Is there anyway I can go back to court and have his rights and/or visitation taken away? Or do I have to wait longer? Or is this even possible?

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8 Answers

bkcunningham's avatar

Did you receive child support by court order and is his meeting his obligations?

Unknown82's avatar

The court told me that they couldn’t order child support because his last known address was in Kansas and I live in Missouri… So I had to go threw the state to do it and I haven’t heard much back from them. So right now no he is not paying child support.

bkcunningham's avatar

I’d be pursuing the child support and not so worried about the visitation. If he isn’t participating in his visitation rights with his children, he’s essentially done what you would attempt to do by ending his visitation. It is just my opinion, but my energy would go towards my kids and getting financial support for their well being not adding to the misery by ending his visitation rights when he isn’t visiting with them anyway.

marinelife's avatar

You need to contact an attorney and ask.

ANef_is_Enuf's avatar

Child support & visitation are not connected. He may never pay a cent of child support, even court ordered, but will retain a right to see his child/ren.
I think it is very unlikely that you can revoke vistiation rights, however, be certain to write everything down. Document every weekend that passes without a call. Attempt to call him, and if he doesn’t respond, write that down as well with a date and time.
I would venture a guess that in your half of the agreement, you are required to encourage communication between the children and their father, so do your best to do exactly that. If he doesn’t respond, you can’t control that. You can control how you behave toward this situation.
As for revoking visitation, it usually requires that a parent be declared unfit to be around the children, and even then, they will usually attempt supervised visitation. Very doubtful.

Do not let your frustration or anger with your ex spill over to your children. It does them far more harm than it does to him. Just remember that.

RealEyesRealizeRealLies's avatar

As @ANef_is_Enuf says, it is very difficult to revoke visitation, and it’s not related to support whatsoever. Daddy would have to prove he was really very harmful to the child.

But you could pursue the dead beat dad game and have him locked up. Let it build up for a while, and write him letters requesting support during that time. At some point, he will be discovered, arrested, and given the option to pay in full or go to jail. That won’t even be a matter of you pressing charges. That’s between him and the state.

ANef_is_Enuf's avatar

@RealEyesRealizeRealLies he can’t go to jail for not using his visitation time, only if he doesn’t pay court ordered support. But, the OP made it sound like the support hasn’t been court ordered, yet.

RealEyesRealizeRealLies's avatar

Oh I see. I thought it was already ordered.

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