My ex moved out of state about 18 months ago. I recently filed a petition to alter visitation. Our agreement was formed when we both lived in the kids school district. She now lives aproximately 4 hours away. Up to now she comes to get the kids alternating weekends and I think that should stop. I am not sure of the upcoming court date. Do you think I am within my rights to refuse visitation at this time? She has ignored a lot of the visitation details up to now and that is what has forced me to move forward. She yanks the kids back and forth and pays little attention to their social and academic lives.
I thought I was legally within my rights to refuse because she is in violation from moving out of jurisdiction.
I would really really advise asking your lawyer this question. IMO, refusal of visitation can hurt your case in the long run.
In my case, I continued to facilitate visitation with my exH until and a bit past the time I obtained sole custody. Afterwards, I was within my rights to refuse visitation if it appeared dangerous for my child...and at the first opportunity, he gave me the chance to exercise those rights.
I would also seek legal advice. A four hour drive on a school weekend doesn't sound conducive to homework OR actually getting to school. Call the friend of the court and ask. I'm assuming that she doesn't care much if they get to school on time or anything?
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