My Ex Husband and I divorce Decree states He gets Visitation Rights Every Sat & Sun Starting 8am until the following MON. 8AM. And all odd Legal Holidays.
Since March 1 2007. I have dropped the kids at his home at 8am Sat morning
And he has returned them by Mon 8am. That has been great and we have been doing well.
Yet If he works on Legal Holidays I have willing kept the kids. So this Jan 19 2009.
MLK day. Odd Holidays I asked him if he had to work he said yes.
I said I will watch the kids for you. If I can drop them off one Friday after work to make up for watching them when U worked. He got upset. He stated He will not be taking the kids on Sat & Sun. He said the divorce states Visit. Meaning he does not have to get them.
He also said No he will not trade my watching kids even though I am suppose to have that day off only odd years Legal holidays Yet I have willingly watched the kids if he works. This is my first request to trade In return to, Drop off kids on any Friday he wishes after he gets off work.
Can he legally refuse to take the kids on SAt & Sun.
We have been getting along GREAT until he recently got a girlfriend in Nov.
He wanted kids on Christmas and I get the kids all legal ODD holidays he got them last year and I was sad. It is painful to be alone on Christmas.
I did not want to be alone. Yet the kids get more Gifts and have fun. So they where mad because they wanted to go over dads. I agreed after my kids cried to let him have them on Christmas returning them at 6pm If he traded letting me have the Odd New Years Eve
And I dropped the kids over his home at 6pm. So we recently have beed quietly argueing yet severe disagreement. My question was Can he refuse to take the kids on SAT & SUN and Odd Holidays. What can I do?

Well first of all he sounds like a real jerk! Isn't his kids important to him? Why doesn't he want to compromise with you? I would want to get my kids as often as possible! Maybe his new girlfriend is more important.
Anyway, sorry, but he can refuse to get the kids if he wants. He doesn't have to, it's just his legal right. But, since he seems to waiver this right, I would take him to court for custody. Meantime, document all everything, the weekends he doesn't get them, etc. Were you represented by an attorney with the divorce? If so, consult him.

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Originally Posted by nike 1

Well first of all he sounds like a real jerk! Isn't his kids important to him? Why doesn't he want to compromise with you? I would want to get my kids as often as possible! Maybe his new girlfriend is more important.
Anyway, sorry, but he can refuse to get the kids if he wants. He doesn't have to, it's just his legal right. But, since he seems to waiver this right, I would take him to court for custody. Meantime, document all everything, the weekends he doesn't get them, etc. Were you represented by an attorney with the divorce? If so, consult him.

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It would appear that the OP already has physical custody. I see no grounds here - if it's joint custody - of stripping the father of his rights. If the father is abusive and a danger to the children, then certainly there should be a motion concerning custody and visitation.

He does not have to visit with the children. He IS obligated to support the children. No Attorney can force either parent to visit with children when he/she does not want to exercise visitation rights. Support, yes. Visitation, no.