My exhusband was awarded visitation- what happens if he doesn't show up or something? ?
Can the order be dropped?
- Mr.SamsaLv 71 decade agoBest Answer
The order can't be "dropped" after a single no-show. If he shows a consistent pattern of failing to show up for the visitation times, then a motion can be filed to change the visitation order in whatever way would be in the best interest of the child.
- khia213Lv 41 decade ago
Your husband has the right to visitation, but he doesn't have to exercise it. It's common for the court to allow visitation, since the court wants the child to have a relationship with both parents, but it won't force visitation on a parent.
If he doesn't visit, there isn't a lot you can do about it. You do, however, have the right to assume that he isn't exercising it if he doesn't show up in a timely manner. Your court order will tell you how long you have to wait, but most courts give a 30 minute window to show up, unless the party calls. After that, you're free to make other plans.
Good luck.Source(s): Family law practitioner for 20 years.
- goz1111Lv 71 decade ago
Only way for the order to be change is by another court hearing, so if the ex fails to pick up the child on the schedule time does not mean the order is invalid you do not have that power, only the court has the power to revoke the order
- 1 decade ago
Keep track of how many missed days he has. If he is supposed to be picking the child up from day care and he is not keep track of those as well, and have your day care keep track. If this goes on long enough you might be able to bring it back to the court and have the order modified. Be careful when you do this though because in the end it is your child that is hurt when a divorce and custody becomes bitter.