I live in Arkansas and my ex husband and I live 2 hours apart. We have three kids ages 14, 9, and 5. I have full custody. Our divorce agreement gives my ex longer visits (five weeks) during the summer but there's a problem with this. My oldest has Asperger's with pronation in his feet and tendon problems with his legs. My youngest also has feet and leg problems as well as some developmental delays due to Sensory Process Disorder. Both have therapy during the week totaling four hours. My ex wants them to skip therapy and visit him instead of going home periodically for therapy. I try to appease him by having the kids miss a couple sessions and visit for a week then go home for a week etc. I don't want to keep my kids from their father. I can't afford to go to court. Any advice?To make it clear, I'm not trying to keep my kids from their dad. And I'm very much aware of what will happen if I don't comply with the courts decision. Like I stated earlier, my kids have four hours a week between them. That's four days of one hour each day. Two days/two hours each child. It's not feasible for my ex husband to bring the kids to their therapy four days a week. The drive would be two hours there and two hours back. Not going to happen. What would happen if my kids don't go to therapy? They'll just regress a little. Their therapists would have to backtrack and start again. Also the kids might have more pain and would have to endure discomfort. My oldest has already had surgery on his legs. And we don't want to do that again. My five year old in her Occupation Therapy, she would significantly be delayed. She might have to repeat kindergarten if she doesn't have her therapy. So I guess I'm asking something that only a judge can mark a decision on. Because I have no clue what to do right now.
First thing you need to be aware of is that if there is a court order setting out a visitation schedule, and you do not allow you ex to have visitation during the periods set out in the order you may be facing contempt sanctions from the Court.
If you and your ex live two hours apart, then he is probably close enough that he can take them to their appointments. Your post doesn't indicate how often they have the appointments, or the potential consequences to your children's well-being if they skip a therapy session, but that may just be something that your ex needs to do if he wants the kids for the 5 weeks.
If he won't agree to take (or let you take) the kids to their therapy sessions and such would be detrimental to their health, then you may be looking at going back to court to ask that he be ordered to take them to their therapy sessions or modify the visitation so that you can take them.
This response is for information purposes only, it does not create any attorney-client relationship. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation. www.TheSchollLawFirm.com
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