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Modification/Change Custody Order?

lovehimhatehim's picture
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Will a court/Judge modify or change a custody order if the NCP repeatedly misses visitation? Current C/O is 1st & 3rd weekends of each month. Out of the last 6 visitations BM has only picked up skids once. This isn't something new, BM has been inconsistent with pickup/drop off for 6yrs. Of course there is always some excuse: sick, work, BM's husband sick, BM's mom needs to be picked up from out of state, dental problems, etc.

The reason I ask now is because the skids are getting older (12 & 13yo). When they were younger we could take their minds off the disappointment by doing something fun with them, things they enjoyed. But now they are at an age that even though we may still go and do something, they still stay upset and question us as to why BM can never pick them up like she's supposed to. (My response to that question was "Honey, I can't speak for your mom, you need to talk to her about it".

What type of modifications could we ask for that would at least minimize the skids disappointment?

lovehimhatehim's picture

That's what I was thinking. It really sucks that there isn't anything in place to stop a NCP from neglecting their child(ren). There are laws that state the CP must allow visitation but nothing to enforce NCP to adhere to the visitation schedule. It's must be damaging to the children to feel unloved or cared about.

lovehimhatehim's picture

Kind of...they know what weekends are her's and then she waits til pickup day most of the time to text/call me with her excuses. SD13 has a cellphone, sometimes BM will text her and tell her after she tells me, but we are always stuck with telling SS11.

lovehimhatehim's picture

I actually do have very good documentation...POS BM almost always sends me a text to give the excuses (she knows DH will tell her what a POS she is). I try not to say anything, the more she thinks I am on "her side" the more information she gives me. I used to keep it in fear that one day we would end up back in court fighting to keep them with us, now I know she doesn't really want them...but I keep letting her feed me the info just in-case we need it for our own purposes...like this one, a change/modification in the visitation.