How to Get The Other Parent to Follow a Custody Schedule

[graciegallagher]

My question involves a child custody case from the State of: Indiana. I share joint custody with the ex, but I am the primary physical custodial parent.

For the 8 years since our divorce, I have practically begged my ex to follow the parenting time guidelines as set by our divorce arrangements. He is to have the kids every other weekend during the school year, and half the summer. Throughout the years he has never followed any schedule stating he wants us to be flexible, which basically means he wants to see the kids if he has nothing better to do.

His relationship with the children is not the greatest, and they we have been in family counseling about issues with him since the divorce. After all these years of 'flexibility' he has decided that this summer he wants them every week, monday - friday. I am not agreeable to this, mainly because I know the children don't even want to go. I have told him that I would prefer a schedule of a week with him then a week with me. He refuses.

Should I take this issue before the courts? I have been very laid back with him and never enforced anything, but I believe it might be time to discuss it with a judge. Any opinions or advice are appreciated.

[Richelle71]

Nope, just tell him if he wants to change the custody agreement to take you to court. This should shut him down rather quickly. He too does not want more court fees. Otherwise tell him "NO", as you are following the courts direction with the order. Do not involve the children, do not ask them if they want to see Daddy more often. He will always be the childrens father and that is what they understand. He cannot refuse. The children live with you.!
You have primary residence, if he refuses tell him to take it to court. Provide as much evidence as possible, and do not give any opinions, and do not make it personal to the courts. Do not suggest that " you know that the children don't even want to go", this will get you into alot of trouble with the courts. Hope this Helps.