Reasonable notice to exercise visitation

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Latest post 06-08-2012 2:12 PM by Ohio ma. 8 replies.
  • 06-06-2012 6:53 PM

    • mommyto5
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    Reasonable notice to exercise visitation

    I live in California, and modified an existing child custody agreement (2 years ago) giving visitation 8 weeks in the summer to the non-cusotdial parent. Previously it was 2 weeks in the summer, and the initial custody agreement stated that "the non-custodial parent will give the custodial parent (me) 60 days written notice of election of dates in the summer for visitation." Since the issue modified was the length of visitation, wouldn't this 60 day written notice still be required? Our two children are three days away from summer vacation, and I have not yet received a request for dates, although this has been asked of him on numerous occasions. I am moving out of state in a month (with permission from the courts) and need this issue resolved immediately. Am I able to decide the dates for him, or does this lack of any reasonable notice constitute forfeiture of visitation? 

  • 06-06-2012 7:17 PM In reply to

    Re: Reasonable notice to exercise visitation

    If you modified the order 2 years ago, why is the first time this issue is coming up?  Whether or not the "prior notice" clause survived the modification depends upon how the order itself is worded in the entirety.  It may also depend upon how the petition to modify was worded....It's very possible that the clause is no longer a part of the order.  Consult local counsel. 

  • 06-06-2012 9:53 PM In reply to

    • Drew
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    Re: Reasonable notice to exercise visitation

    You need to read the prior order and the modification  together and see if they make sense--I don't think your two scenerios are the only two which might be logical --nothing says he abdicated his visitation rights  and while considerable notice might make sense as to which two weeks out of 10-12 or so in the summer make sense if thats what order says--if the modification which says he gets 8 out of (roughly 12) and does not specify specify advance notice or carry that criteria over-then it might logically be entirely his call .

     

    It might be nice if parents cooperated to make for mutual convenience --but its hard for court to make people be nice to each other



  • 06-06-2012 9:58 PM In reply to

    • Drew
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    Re: Reasonable notice to exercise visitation

    And just me, lay view--if the prior language is in place I might read it in contect of he gets to pick weeks if he gives required notice  and in default of same I get to designate the weeks but that does NOT mean he gets less than the  alloted total weeks --now 8  --and its not entirely clear if you can split it into multiple small blocks --or who pays transportation costs given you are allowed to move away.



  • 06-06-2012 10:25 PM In reply to

    • mommyto5
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    Re: Reasonable notice to exercise visitation

    In this particular case, there are only 8 weeks of the children's summer vacation before they begin school, due to the move out of state, which their other parent has been made aware of. For some background, this order was put into place, because the non-custodial parent refused visitation 90% of the year for 10 years straight, and this modification was made at my request, because it was the only guaranteed way that the children would see him.

  • 06-06-2012 10:40 PM In reply to

    • LG81
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    Re: Reasonable notice to exercise visitation

    mommyto5:
    and this modification was made at my request, because it was the only guaranteed way that the children would see him.

    There are no guarantees.  If the father choses to not exercise his visitation rights, that is quite unfortunate.  The courts cannot force him to exercise his rights.  If the notice period still applies, then he could not require you to produce the children without requisite notice. However, you cannot force him to take them for eight weeks.

     

  • 06-06-2012 11:00 PM In reply to

    • Drew
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    Re: Reasonable notice to exercise visitation

    I see an alternate read to LG81's as well  --proper notice get his right to select which weeks --lack of notice does not curtail his time or delay  time it merely gives you right to pick which weeks  but nothing says you get to cut his total time short.

    And in the unigue fact pattern that summer break is 8 weeks and his rights are for 8 weeks the practical requirement for which weeks becomes moot  or an identity by default .and I think to go to war on that fact pattern is a poor use of resources.

    Dad has no duty to exercise visitation--and  unless the order says otherwise--he can most probably exercise some of his rights but not all of them.

    I don't know what level of animosity exists but if there is a lot and there was a nasty battle over right to move be careful about picking a fight over a refusal to allow visitation lest he escalate it to a reason to seek court ordered reversal of permission.



  • 06-07-2012 6:18 AM In reply to

    Re: Reasonable notice to exercise visitation

    Have you tried a letter to him (certified)  saying since you have not heard from him concerning his summer visitation with the children,  you are assuming he is electing not to exercise his period of custody ( again).  Please advise immediately if this is an incorrect assumption.

  • 06-08-2012 2:12 PM In reply to

    • Ohio ma
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    Re: Reasonable notice to exercise visitation

    You cannot force a "parent" to spend time with their kids; believe me I have been there. I am curious why you pursued court action to bring him into the kid's lives when he has obviously been nothing but a dissapointment to them for 10 years already. Sometimes it is best to let them fall out of the picture because the children obviously are not his #1 priority.

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