Question:
My husband is the custodial parent to his son, who is 12. His ex-wife has EOW and one evening visit every week. She is horribly inconsistent in exercising her weeknight visit, due to her job. We cannot rely on her to pick up her son from school on the day that she is supposed to, and frequently cancels the visit right before she is supposed to pick him up. The problem there is that my stepson thinks that his mother is coming to get him, and when she doesn't show up, he is upset about it, and rightfully so. My husband has asked his ex to notify him within 24 hours if she is not going to exercise the visitation. She does not do this. He spoke with her last week and she told him that she had to work 6 days this week, and would call him regarding the weeknight visit this week when she knew what night it would be. This creates problems for our family, in that we cannot plan anything during the evenings because she just might want to see her son that night. Tonight is the normal night, and she never called to confirm anything. The court order states that she has the one evening per week, from after school until 7:30pm. What can my husband do to get some consistency here?
Answer:
If you have not been keeping a custody calendar or journal begin doing so immediately. Write down every day that is missed or she is late and if the Mother called to reschedule. I would also note the child's reaction at each missed period of visitation. I suggest that you file a Motion to Modify the visitation schedule. Have the new parenting plan state that the mother has specific days and times that must be confirmed that she will be taking that time a week in advance. I believe most courts would agree the current arrangement as described by you is not in your stepson's best interests.
