Visitation

[indisbelief]

I have joint custody with an every other weekend visitation. My daughter lives in Ohio I live in IL. I fly every other weekend to see her. My question is this.

I also travel for a living and my assignements for work sometimes coincide with my alternate weekend. When this happens I write my ex (usually a month in advance, requesting she switch one of her two weekends). She refuses to communicate with me on any level so I send the requests registered mail with a copy to her attorney. She gets the letters but refuses to answer. I end up picking one of the two weekends that is hers so I can purchase a plane ticket within the 7 day purchase window. I let her know due to her failure to communicate that I had to pcik the weekend.

Inevitably she refuses me the time when I arrive in Ohio. My agreement states "Both parents understand that certain circumstances may cause the need for visitation to be missed. In the event that visitation must be canceled iwthout the fault of the visiting parent, such visitation will be made up with similar visitations within two weeks."

What advise do you have? SHould I file a motion or can I on each incident of this. I give reasonable notice, allow her to choose and when she doesent, I have to choose, then she denies the visitation? Thanks

[socrateaser]

Send letter to attorney stating that his/her client is routinely and willfully frustrating your exercise of visitation. Say that you would appreciate it if he/she will communicate to his/her client that you are documenting each occurance, and upon the occurance of the 6th provable repetition of this behavior, you will be forced to seek a contempt order. Ask that he/she communicate to his/her client the importance of both parents having frequent and continuing contact with the child, and that your court orders are intended to guarantee this contact in the child's best interests.

Then both client and attorney will know precisely what will trigger legal action. In reality, your order is probably too vague to obtain a contempt order, and you will eventually need to motion the court for a definite and certain parenting plan.

But, if her attorney is reasonably decent, he/she will be ethically disposed to suggesting that his/her client start cooperating, because the alternative could be quite costly.

Either that, or the attorney will withdraw, which will be good evidence for you, that your ex was actually intent on continuing to willfully fail to cooperate, and that the attorney could not, in good conscience, defend the behavior going forward.