Legal Question in Family Law in Kentucky
Visitation
My husband went through a really bitter modification of child support. His former spouse has been extremely vindictive and has violated the court order several times. The judge who handed down the modification decree indicated that my husband is a joint custodian and the mother has primary possession: not primary custody, as she continues to believe. She made arrangements for daycare without consulting my husband as stated in the decree and she has informed the daycare they should not accept his checks. Our decree specifically stipulates that his pro rata share of 64% must be paid directly to the provider of the services. Now she refuses to let my husband and I have the child for a few weeks this summer. We had her this past weekend, we have her Wed., next weekend, the next Wed. and the next weekend, so we asked if we could keep her the remainder of the 2 weeks. The mother refuses. What can we do? Do we have any recourse other than another expensive court battle?
3 Answers from Attorneys
Re: Visitation
As there is an existing Court Order, I would first suggest that a request be made for your husband's attorney meet or speak with his former wife's attorney. Talking between attorneys is one possible method to avoid a protracted court battle.
From the tone of your question, there seems to be a communication and trust problem between the parties. For the best interest of the child, and possibly to preserve your "sanity" it might be worth everyone's time to consider mediation.
This would be something to speak to your husband's attorney about. A series of mediation sessions could assist in putting an end of this hostility by your husband's former wife.
Re: Visitation
I saw that another attorney had posted a response before I had the opportunity to do so. I generally concur with his suggestion of mediation, with the caveat that from your description, a contempt of court proceeding might be appropriate as well. They are not mutually exclusive. Mediation would put all of the adults together with a neutral trained to try to find common ground, without having to go into a "you're right, you're wrong" scenario.
Best wishes.
Re: Visitation
You would need to ask the court to modify your visitation for the summer.
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