Legal Question in Family Law in Missouri
Modification of Visitation
In 2000 the non- custodial parent was awarded visitation which consist of every other weekend, alternate holidays and 6 weeks in the summer. In 2000 this parent was a truck driver who was home on a daily basis.
Recently this parent accepted a job that requires him to be gone 7-10 days before coming home. He insist that he wants to continue with the same visitation schedule with his wife exercising his rights. The wife is not mentioned at all in our court order. My children do not want to spend 6 weeks with their step mother but want to visit when their dad is home.
Will I have to seek a modification of this order or can I just deny the step-mom access to the children if their dad is not home? I do not want to be held in contempt but feel that he is the one that has neglected the visitation order.
1 Answer from Attorneys
Re: Modification of Visitation
An attorney would need to review the actual existing Order before providing legal advice. However, from the limited facts included in your question, it would appear advisable for you to seek a modification of the existing Order if you believe that limiting visitation to those times when the non-custodial parent would actually be present is important enough to justify the effort and expense.
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