Can I reschedule child custody visitation? 1 Answers as of May 25, 2011I have sole custody of my two children ages 3 and 1. My Ex-husband abandoned my oldest which was 6 months old at the time and I. Both of our children have only seen him a total of 4 times in 3 years. Our youngest has no idea who his father is. In the divorce decree it states he can take the children for 2 weeks with enough written notice. He has certified a letter saying he will designate his mom to pick up the children for the 2 week visitation. The problem is I have a serious commitment that I had planned for 6 months in advance on the dates he wants his mom to pick up the children. I cannot change this commitment and the children are included in these plans. I am more than willing to let him take the children but I am wondering if I can reschedule the visitation for a month later? He is not very compliant, understanding or willing to compromise with me even though I am happy to let him take them just not at the time that he believes is convenient for his mother to take our children. Is there any way I can reschedule his visitation with them for a moth later? Our divorce decree does not say I have to comply to his request and please him on the dates he chooses.
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can tell him that he didn't give you enough advance notice, and that you had already committed to plans with the children that you are unable to change. Ask him to change his visitation to dates that don't conflict with your plans. If he refuses, file an Order to Show Cause to modify (reduce) visitation based on his lack of visitation over the long period of time and his refusal to accommodate your prior commitment, and schedule a court mediation of that issue to try to get it resolved before the hearing on the OSC. If there isn't enough time to schedule an OSC, you might file an Ex Parte Application for an Order Shortening Time to set and serve your Order to Show Cause. You would best be represented by an experienced Family Law Attorney in such matters.
Answer Applies to: California