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Will judge take into account extracurricular activites when assigning visitation???

newlywed7's picture
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We've decided to go back to court to have visitation papers updated. Currently we get the child 50% of the time, but the mom is not following the papers and threatens us every time we want to get him on our times. I know the judge will see it our way on that part because she is not following the papers. The question I have is on the weekend. We are supposed to get the child early evening Saturday until early evening Sunday. We want to change to Sat morning to Sun morning because mid day just ruins any plans we make. The issue is the ex is saying that this is not in the best interest of the child because she signed him up for baseball on Sat mornings. will this be reason enough to keep us from being able to get him earlier? He is only 3.

newlywed7's picture

you don't know the half of it! I've never seen such crazy schedules. Whatever happened to every other weekend? Do people really think every other night is good for the kid???

Auteur's picture

"I know the judge will see it our way on that part because she is not following the papers."

If you live in the U.S. and have the "pleasure" of living in NY, CA or MA do NOT make that assumption.

newlywed7's picture

We don't have a problem taking him to his games. We just want to change the times we get him. But, she doesn't want to change the times because fot ball and I don't think that is a good reason. What about all the times he doesn't have ball? We can't even go out of town for the day because we have to meet her mid day.

Rags's picture

In my SS's case the CO and jurisdictional supplemental rules are clear. Extracurricular activities do not take precedent over visitation with the NCP.

The only thing that takes precedence over NCP visitation is school. Regardless of what the visitation schedule says, SS can not miss school for visitation.

The CP can not deny scheduled visitation due to extracurricular activities. Sports, band, clubs, etc.... can not interfere with visitation.

Rags's picture

My pleasure.

Check your CO and any supplemental rules or guidelines that are active in the jurisdiction where the CO was issued by the court.

These things can often be great tools for holding the blended family opposition accountable for following the CO and minimizing their interference with your family.

Good luck.

babedow77's picture

I would push for every other weekend. You and DH will definitely need weekends to work on your relationship. Then devote every other weekend to the kiddo.