My ex was ordered supervised visitation with our 5 year old son. The visitation is to take place at my ex's mother's home. Before this order, she was suing me for grandparent's visitation even though I have never kept my son from her. She just stopped communicating with me and started seeing him only at my ex's home.
Since the supervised visit order, I believe she has dropped her suit. I was the one that was generous enough to allow the visitation to happen under her supervision instead of a court appointed person. I did this mainly to prove to her and the courts that I have no problem with her seeing my son.
That being said, I have an issue. My ex has not been using his visitation. My son is ordered to see his father every other weekend and every Tuesday night from 5pm to 8pm. For a parent, this visitation schedule is fine. But since my ex has not been showing up all the time, I feel it is excessive for a grandparent to see my son this much.
My husband and I are ordered to provide all the transportation for my son to and from his grandmother's house. There are many times upon drop off that I do not see my ex's car and it is NEVER there when I come to pick up my son.
Today I picked up my son from his weekend visit. I asked him if his father came to see him this weekend and he told me "Well not today. He came for a little bit yesterday but he didn't come see me today." Last Tuesday, I did not see my ex's car on drop off or pick up so I asked my son if his father came to see him. He told me no.
It's apparent that my ex is not spending the entire weekend with my son and he rarely uses his Tuesday nights which are HIGHLY inconvenient for my family. I feel that we should set a scheduled time on Saturdays and Sundays that my ex will visit my son at his grandmother's home.
I am wondering if I would be in the right to not allow my son to go to his grandmother's if his father is not there. These visits are for my ex and my son afterall, not my son's grandmother. I would be more than happy to set up visits for just her at more convenient and reasonable times. I feel that every other weekend and one evening a week is excessive for a grandparent, especially when my parents only see my son for a couple of hours every two weeks or so due to this arrangement.
I do plan on speaking to my attorney about this and asking if it's ok for me to take pictures with dates to show when his car is and isn't there and to document each time my son says his father didn't show up. I feel that this just proves that his father really doesn't want the visitation and I really don't want him to have it either.
This arrangement it totally disrupting our daily lives. We have two other small children whose schedules are constantly interrupted for pick ups and drop offs and if it's all for just a grandparent, I feel it's unecessary.
We went to court in the first place to seek a modification on how much visitation my ex gets and now he's pretty much proving that he doesn't want as much as he claims to in court or he'd be there every second. If the situations were reversed, I would call my son every day (he never calls our son), I would send cards and letters all the time (he has never done that either), and I would not spend a minute away from my son during our time together (he was always leaving my son with other people during his weekends so he could party).
To me, it's plain as day he doesn't really want to be a father, he just wants to inconvenience me and make me upset. I'm stuck as to what to do next that is legal. Is it legal to take pictures to prove he's not there? Is it legal to not drop off my son if he's not there? These are questions I plan to ask my attorney but I'm curious as to what you here have to say too. Thank you for any and all advice and I'm sorry this was so long!