Can we get a mofication of visitation? Posted on February 20, 2011My husband and I have custody of my step son ( age 8) through a long drawn out battle. The birth-mother (C) finally signed over full custody with her paying $100/month in support (which has yet to be paid since OCT) and having standard visitation. Currently we live 32 miles apart and she picks him up and drops him off every other weekend. Our son is involved with baseball and basketball which has games on Saturdays. C has been to 1 baseball games and 1 basketball, she also has disallowed our son to attend 10 games and team pictures because it was "her weekend". She has informed us that we are not going to put him in activities that intrudes on her visitation time. We have to the best of our ability made up her lost visitation time and have informed her that she can come to his games and take him immediately after or take him to his scheduled activities but it never seems to work out and the police get called to settle the dispute. The police tell us the even thought the custody paperwork states both parties will make a good faith effort to attend and allow our son to be involved in extra-curricular activities it does not clearly state that she is to attend or allow him to be involved. She continues to cause drama over this and our son and his teammates are suffering.
We just found out that on her visitation she had our son stay with a sitter from Saturday afternoon to Sunday morning. I understand that she is allowed to do what she pleases with her time as long as it doesn't harm him, but what can we do about her not allowing him to do activities?
His activities has given him so many benefits and we haven't signed up for baseball yet because of her and being scared that she will again intrude and he will not be allowed to attend half of his games.
Do we have a case to change visitation and what will that include?
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