Mother is Threateniing a Denial of Visitation

My question involves a child custody case from the State of: Kansas

My childs mother is threatening to deny my next scheduled visitation because she has plans. Nothing important, like a doctors appointment or such. Just average plans. We have a court order in place for my parenting time with our child. She asked me to switch, and I informed her that it wouldn't work since I already had plans that others had to switch things around for.

If she denies me this weekend, would she be in contempt? If so, what course of action can I take? And what punishments might she face?

I am also wondering if we went to court, what a judge might say/do?

This isn't the first time she has made my time and contact with our child difficult. I document everything, almost like a daily journal, with documented support. So I have evidence to support myself.

You'd need to file for contempt. If the court finds her in contempt of the actual order, she can receive any number of things as a punishment: nothing at all, a slapped wrist, a fine. If it happens often enough, she can lose primary custody.

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Quoting Dogmatique

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You'd need to file for contempt. If the court finds her in contempt of the actual order, she can receive any number of things as a punishment: nothing at all, a slapped wrist, a fine. If it happens often enough, she can lose primary custody.

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I agree, but there is a slight chance that one missed visitation, that she offered makeup time for, might go more toward the slapped wrist. Do file however, because again, if she does it often enough, she can lose primary custody. Just make sure that you are not unreasonably refusing to switch.

I don't believe I am being unreasonable in not agreeing to the switch. I already had plans made with my family and my family had made arrangements to make sure that everyone would be there to see our child that weekend. That is the only reason I said it wouldn't work. I even checked with my family after she asked to make sure they had already got everything in order. She basically told me we were switching and that I had no choice in the matter. If I didn't already have plans made, I would have been happy to.

It is really just that she has no concern for my court ordered time with our child. Her making plans and causing me to miss a weekend is the whole reason I filed paperwork and got the visitation on paper. Did I mention that the first time to mediation it took her 5 months to sign the paperwork, and 2 months the second time? Also, her wedding is coming up and it happens to fall on my weekend, which is also fathers day. I have over 100 pages in a journal of visitation detailing all of her refusals, ect. I am just tired of being so nice about everything, but have been going by the book from day one. I just want to make sure I will be with in my rights to file for contempt, and given her history was curious what the court might do to her.

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Quoting feduppair

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I don't believe I am being unreasonable in not agreeing to the switch. I already had plans made with my family and my family had made arrangements to make sure that everyone would be there to see our child that weekend. That is the only reason I said it wouldn't work. I even checked with my family after she asked to make sure they had already got everything in order. She basically told me we were switching and that I had no choice in the matter. If I didn't already have plans made, I would have been happy to.

It is really just that she has no concern for my court ordered time with our child. Her making plans and causing me to miss a weekend is the whole reason I filed paperwork and got the visitation on paper. Did I mention that the first time to mediation it took her 5 months to sign the paperwork, and 2 months the second time? Also, her wedding is coming up and it happens to fall on my weekend, which is also fathers day. I have over 100 pages in a journal of visitation detailing all of her refusals, ect. I am just tired of being so nice about everything, but have been going by the book from day one. I just want to make sure I will be with in my rights to file for contempt, and given her history was curious what the court might do to her.

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Dad, you might want to hold off filing for contempt until after father's day....and you might want to offer a serious compromise on that weekend. Surely her wedding is not on Sunday, so you might want to agree to allow her to have the children on Saturday for her wedding, and then insist on you having the children on Sunday for father's day.

Then, if she refuses the compromise and you take her to court for that (and for the current incident as well) you will look utterly cooperative and compromising and she will look like a jerk for even scheduling her wedding on father's day weekend. You won't get a custody change out of it if its the first time you have taken her to court for contempt, but she could get a very painful fine instead of just a slap on the wrist.

Oh I absolutely agree. I have offered to drive all the way to her home town, and pick our child up after the ceremony and pictures, ect. Around 7 or 8 when people start getting rowdy. I would never deny our child that. Or her mother. As I know how it felt when she denied me our child at my wedding.

Like I said, this isn't the first time she has pulled something like this. She always throws it in my face that our child changes their plans for me and my weekends. Our child is 4, I'm not sure what plans she would make for herself.