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Asked almost 4 years ago - Sunnyvale, CA
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Hi,
I live in California and my son is 11 years old, I am divorced and have sole physical custody .Their father has weekend visitation and visitation during the week.Their dad does not honor his visitation schedule and does a lot of cancellations. He also drops of my son on Sunday night at my place instead of school the next day per as stated in the schedule
He will not take my son to his soccer game if it is on his visitation day. He cancels visitation on those days or insists on picking up my son after I have taken him to the game
What preventive legal action can I take for this because he threatens to report me to the police for visitation harassment and non cooperation when I do not agree to the cancellations.
Would appreciate some advice or pointers
Unfortunately, it is not up to you to "agree" to cancel visitations. Visitation is a right that belongs to the non-custodian parent. It is up to you to make sure the child is available on the scheduled times. If he does not want to go to his son's soccer games, then he does not have to, but can still pick up the child after. I have many clients that put their children in sports, and the non custodial parent refuses to allow the child to 'the sporting event on the visitation weekend.
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As the other answer indicated, you cannot force the other parent to participate in visitation. You have to have the child available, yet the other parent is under no obligation to pick the child up. If you do not want to have the child available because on a regular basis the other parent is not picking the child up you can go into court to try to have the visitation schedule modified.
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