Legal Question in Family Law in Kentucky

If my ex insists on Joint Custody, does he have to visit or abide by the visitat

I've been divorced about 8 years during all this time, the ex-husband has refused to follow a visitation schedule and will not do anything more than pay the child support amount set forth at the time of the divorce. He insists on joint custody, and he and his new wife send me a calendar each month with a few days in which they want to visit his son. These days are totally different and I have to wait until the first of every month to see what days they are. Do I have to do this? He has deducted items from the child support check if he's spent money during the visits. Is this right? Also the child support has not increased since the divorce and his income alone is $50,000. What are my options? He has never contributed to the welfare of his son or helped raise him in any way, yet he continues to dictate to me what to do, or else threatens to take me to court over something. I don't have the money to fight it, but if you don't fight it, he wins. I really just want his harrassment to stop...his control because he can afford it. We just need answers and help. I can't make him love or want his son, but maybe I can make him own up to his responsibilities.

Asked on 9/07/99, 2:56 pm

1 Answer from Attorneys

Curtis J. Hamilton Neel Wilson & Clem
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Re: If my ex insists on Joint Custody, does he have to visit or abide by the vis

The law regards visitation as a priviledge, not a responsibility. Since your ex is not the primary residential parent, he cannot be forced to spend time with his child.

Your current visitation arrangement seems totally unworkable. I suggest you retain an attorney to file a motion to set specific visitation times each month, thereby eliminating much of the unnecessary quarrelling over your ex's visits. Also, Kentucky law does not permit him to deduct expenses from child support when the child is with him; ask your lawyer to file a motion for contempt after you have calculated the total amount of child support he owes you for deducting for those "expenses."

Good luck.

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9/09/99, 6:54 pm

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