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Video Transcribed: So let’s talk about exercising visitation. My name is Brian L. Jackson. I’m a Tulsa Fathers Rights lawyer here with Dads.Law where fathers are not disposable, and I want to talk to you guys today about actually exercising visitation once you get that order.
Guys, one thing that can bite you in the backside if you aren’t careful is if you get a visitation order that gives you a schedule, if you don’t keep your visits, in other words, if you’re scheduled to have every other weekend, have a visit every other weekend because if you don’t keep your visits, that is something that can be used for grounds to modify custody and to modify the visitation schedule.
Also, if you have a split-time schedule where you are getting the parenting time discount on child support, that assumes you are actually exercising that time because the whole rationale behind that is the idea that because you have the kids half the time and she has the kids half the time, you’re implicitly sharing expenses based on who has the kids. So, in other words, if you have that time, exercise it. And it also, along those same lines, and this should go without saying, but if you need to cancel a visit, first of all, don’t do it unless you really can’t help it. You’re better off arranging some kind of daycare, like, for example, if you unexpectedly get called into work.
And secondly, if you really do have to cancel because it’s of some unavoidable casualty that makes it impossible to do it, make sure you can document it later and make sure it’s a really, really good reason. I mean, the judge is… If it comes up in court and you habitually miss visits because of work, that could be a problem if you don’t make other provisions. If you miss it because you were out partying the night before and you’re hungover, not a good thing. If you miss it because you’re busy with your new girlfriend and her kids, not a good thing. The kind of things that it would probably be excusable, somebody dies, you’re seriously ill, especially if it’s something contagious, there’s a medical emergency with somebody else in your household, things like that are acceptable.
But generally speaking, if you have scheduled visits, keep your visits because otherwise, you open yourself up to a motion to modify. And in the extreme, it could open you up to somebody filing for adoption without consent. And in either case, it’s not a good thing so keep your visits.
And guys, if you’ve got a question about that, if you require legal assistance, one place you can find legal assistance is at Dads.Law where fathers are not disposable.