question about visitation rights?

Question

in california, if the custodial parent's car breaks down, is it ok to miss a visitation with noncustodial parent who has visitation rights?

Answer 1

This is not a law question. It is a real life question. I say this because judges are real-life people.

There is a Court Order for visitation. Custodial parent tries to comply. Car trouble. Not intentional. Nobody is going to get into trouble if it happens just once.

What SHOULD happen is that the custodial parent calls non-custodial parent, explains circumstances, and arranges for a substitute day. Even if rejected, the offer will happen if this ever goes to court.

Answer 2

I would suppose it would depend if the Noncustodial parent knew you were having car problems. I think its a little unfair. I am a Custodial parent and not following through with visitation I think can get you in some trouble if the Noncustodial parent gets mad and calls their lawyer.

Answer 3

It should be the non custodial parent's obligation to pick the child up. I would think the court would be understanding about this type of matter, as long as it isn't a repeated thing. And that you can in fact prove that your car was broken down at the time.

Answer 4

no, the judge would not take that excuse if the non-custodial parent chose to make a deal out of missing their chance to see the child. It would be up to the non-custodial parent as to whether they wanted to file a complaint in court or not. If the NC parent wanted to see the child bad enough, maybe they could drive to pick the child up at a designated location. If it were me, I would.

Answer 5

Yes it probably is and it is one I don't think you can win,but if it happens repeatedly then you have recourse.

Answer 6

yes