Can't FORCE visitation, right?
My DH is non-custodial and just has visitation EOW. That's actually what he wanted. Its just Saturday - Sunday EOW. He's a doctor and works quite a bit. During his previous marriage, BM was the caretaker... he couldn't exactly change this after the divorce. The last time we met with his attorney, I interpreted something he said differently than what DH did and want to call upon your experience with this...
BM is primary and custodial (no shared parenting at all). I KNOW that she can't withhold visitation (although she does allow SDs to refuse to come)or she could technically be in contempt. She does allow SDs to refuse visits, but we don't fight it because they suck to have over. However, we still have SS EOW. Sometimes though, DH cannot take SS because of his work commitments and I sure-as-shit will not be a babysitter.
The attorney (from what I remember) said that the opposite is NOT true. If DH chooses NOT to exercise his visitation, then he is allowed that choice. DH always feels like he has to ask "permission" not to exercise his visitation. He'll make comments like "well... if she says NO then I need to find a babysitter". I swear the attorney said just to make sure we give her at least 24 hours notice so he doesn't "look bad" later on if it ever came up. So far, she's never tried forcing DH to take the skid... but could she, LEGALLY?
I know that if he ALWAYS fails to exercise his rights, that she could seek an adjustment to have his rights revoked. But, we are talking about a few times a year. Or, we can't take him overnight so we just have him during the day, etc. Its not like he goes months without seeing him or anything.
Am I right? She can't legally FORCE him to use his visitation, right? If he says he needs to work, he's not in "contempt", correct?
He makes it seem like if he doesn't use his visitation he's violating some order. I specifically remember the attorney discussing this with us and said because she is the CP, she is responsible for him... but can't withhold him when DH is to excercise visitation.