Legal Question in Family Law in Kansas

My ex-husband is in the National Guard. He has just informed me that 5 out of the next 7 months, his monthly weekend training falls on his weekend with our daughter. He refuses to take her or find any other option on those weekends, and will in turn only be seeing her once a month for 4 months straight at one point. Since our parenting plan says that he take her every other weekend, do I have any say in this, or are my hands tied? Is there nothing I can do but sit back and watch him come and go as he pleases?

Asked on 2/07/11, 4:32 pm

1 Answer from Attorneys

Adam Mack Mack & Associates, LLC

The short answer is no, your hands are not tied. The parenting plan is supposed to be followed. A motion to enforce parenting time may be filed where an existing parenting plan is not being properly followed. A motion to modify parenting time may be filed where a parent seeks to change the current parenting time arrangements in the best interest of the child.

The other side to this question is the reality that you will need to consider what it is worth to you to enforce the parenting plan as it currently exists or what you are willing to do to pursue having it changed. If the issue is really just something you will have to deal with over the next four months it may very well not be worth the trouble of enforcing the agreement. However, if your ex-husband's behavior is part of a larger pattern of not complying with the parenting plan, then it might be worth taking some action. For me to give you a more thorough evaluation of your situation I would be happy to provide a free consultation. My phone number is (785)274-9040.

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Answered on 2/07/11, 7:34 pm

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