Legal Question in Family Law in Kentucky

I have a 7 year old son and his father and I have joint custody. We have had joint custody since 2005. We were never married. The problem I have is that my childs father does not comply with the visitation order that was set by the court. He see's our child only when he wants and sometimes goes months without seeing him. He does pay child support. Is there anything I can do? This becomes an emotional rollercoaster for our child. Our child suffers in the long run with his father poping in and out of his life.


Asked on 8/21/10, 5:42 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

The question is: What do you want to ask the court to do?

First, do you have an existing visitation schedule, or does it simply say you have primary custody and he has liberal visitation? You can ask the court to set a more specific visitation schedule, so that he only has certain days, but likely, he's not going to show up for those days either, and then he might show up for some other day, and then that makes you the bad guy if you refuse because your son wants to see his dad. You can ask the court to reduce his visitation, but again, the same problem occurs. If he's not complying with the court's order now, he's not going to comply with it if it's changed.

I would say, if you don't already have a specific visitation schedule in place, you can ask for one to be put in place. First, you can talk to your child's father about entering an Agreed Order with the court to change that visitation schedule. If he won't agree, then you can move the court for a change of visitation on the basis of the best interests of your child, since the custody order is more than 2 years old. You should think about what situation will best benefit your child and what order the court could make that would achieve that. Ultimately, you won't change this guy or his lack of interest in being a contant in your child's life.

In situations where the non-custodial parent continuously flakes out about visitation, it is horrible on the child. They look forward to visits with dad or mom, and then dad or mom doesn't show up. Ultimately, this guy might never be a great dad, but at least you can try to add some stability to your son's life by getting a more specific order in place.

Contact a local attorney who practices in your county for assistance. If you cannot afford an attorney, contact Legal Aid, or your local bar association for pro bono and reduced fee services that are available in your area.

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Answered on 8/29/10, 2:59 pm


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