klow45
Jan 11, 2010, 07:35 PM
Hi there, I am hoping someone has been through something similar and can help me. My husband and I divorced over six yrs ago. We have it in the divorce decree that we claim our daughter every other yr. My question is this he has only seen her twice since we split. He is supposed to see her every other weekend and holidays etc. He does not do that. He does not even call her. THe last time he saw her was three yrs ago. Can I do something to claim her every year? Or do I have to go back to court? Thank you Kimberly:)
ScottGem
Jan 12, 2010, 07:03 AM
First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.
I've also moved it from the Divorce forum, which has a Read First sticky directing legal questions here. Please take some time to learn how to use this site more effectively by seeing how others use it and reading the instructions.
While there may be a Visitation schedule, he is not required to adhere to it. Generally a provision like this is not tied to seeing the child. If he is paying support and is not in arrears, I doubt if a court will modify the order.
But if you want to try you have to go back to the court that issued the decree and request a modification.