Questions From AVVO: Court Ordered Visitation

divorce attorney Mesa ArizonaQuestion

My ex and I have been divorced for a year and have followed the visitation plan to a T. The plan states that I am to get our child for “at least seven weeks during the summer months”…I have requested my seven weeks through my ex-wife but she doesn’t agree with those dates. She is due to have a child during the summer and wants our daughter there…understandably. But I am getting married and chose the summer so that my daughter could be there. We cannot come to an agreement to verbally modify the summer visit. Can my ex refuse to send my daughter because she doesn’t agree with the dates I’ve chosen? They are in line with the same dates she visited last year.

Patrick’s Answer

If your ex is not obeying the Court Orders then she is violating them. Thus you have a right to file a Petition to Enforceme Parenting Time. However you will likely not be able to timely resolve this issue with such a filing as it will likely not be heard by the Court until sometime in the summer. That would be too late for both you and your ex. In that case she will do whatever she wants as there is no way to get the hearing sooner. However I think rather than a Petition to Enforce, you should file a Motion with the Court to resolve this issue on an expedited basis as the children will be negatively affected without a resolution. Typically the Court will give you a telephonic hearing on the matter. I believe that you may need to have an attorney help you in order to ensure this matter is heard before the summer.

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