Is the non-custodial parent responsible for taking his children during his designated visitation period? My ex took me back to court to get more time with his kids & is now refusing to take them during his summer possession time & oftentimes during his scheduled Wednesdays or weekends, sometimes leaving me to cancel plans I have made based on knowing the children will be with him? Is this legal & what rights do I have to enforce him taking his children? – Chellie

Answer:

Chellie: Visitation is a right and not an obligation, so if he waives his right, then he doesn’t get visitation and that’s his penalty. The court will not order him to take the children. However, you could petition the court to change custody or visitation if he doesn’t exercise his rights. I would try talking to him first and explain not so much the inconvenience to you, but more the disappointment of the children in not seeing him.