Denial of Visitation?

Question

My ex and I have joint custody. He has residential custody. He has grounded our son multiple times and each time our son is grounded, I am denied visitation. He claims that the child is using a visit with me (the non-residential parent) to avoid punishment. I don't believe my ex can ground my child from me. Do I have a legal leg to stand on? Suggestions/help apprecited.

We have a court order that sets out specific times. However, because our son is almost 17 years old and has wanted to hang out more with friends, the schedule has just been whenever it's convenient for everyone. Although my ex and I cannot stand one another, this has not proved a problem in the past.

As to why he was grounded, he cut gym class and went to the band room to do some work to prepare for an upcoming concert. Clearly he should not have cut class, but I don't think it's reasonable to ground him from his mother.

Answer 1

You most definitely have a legal leg to stand on. Your ex cannot use punishment as an excuse to deny visitation.

If your custody order is not a court order you need to contact the family court system and request arbitration. this is a no-lawyer process but, as the end, generates an order of the court.

If your custody arrangement is a court order, you need to tell, not ask, your ex that you will be exercising your rights. Every time you allow your ex to suspend your visitation is a time they can point to in court that you did not take advantage of your visitation schedule.

Answer 2

If you have a court ordered visitation agreement then your ex cannot keep your son from visiting you at the set visitation time. When you go to pick up you child take your court order with you. If your ex refuses to allow the child to leave with you, call the police. The police officer will force your husband to abide by the court order or take him to jail if he refuses. The same thing happened to my husband when he went to get his children. The next time it happened he took an officer with him and was allowed to retrieve the children as per the court order.

Answer 3

Good question! He may have parental authority to ground the boy but not from you. He can continue the grounding when he returns to his father. He does not have authority over you and is stepping on your rights as noncustodial parent. However, it the grounding is over a serious issue...both parents should agree on responsibility and if it is worthy speak to your son about it...it can't be good for him with both of you arguing over him...and only cause confusion. If denial persists you best call your lawyer. Bottom line here is that you don't want your son getting into trouble...they really do need a man in their life, especially boys. Do your level best to come to some agreement with his father on this...no playing one against the other....

Answer 4

His visitation with you is guaranteed by the court. You are not a "friend" you are also his parent and have the right to visit with the child. I suggest discussing it with your ex and trying to find a compromise where you are working together and being consistent in disciplining him. If you are unable to do so, then by all means, take it to the courts.

When my son was visiting with his father, it would take the whole week to undo the spoiling his father managed to do in 2 days - it was a very stressful situation. His father lost his visitation rights before too long. I hope you two are able to resolve it for your child's sake.

Answer 5

I don't know the legal stance of it, but common sense would dictate to me that if your child is on restriction during your visitation times, you should enforce that restriction while he/she is with you. You can still have a nice time with your child, just don't allow video games, phone time, or what ever the restrictions are on the child.

If it seems that your ex is being too harsh or unreasonable, then contact the person that drew up the custody arrangement or your local family support division and tell them he is not sticking to the custody agreement.

Good luck to you.

Answer 6

He cannot ground your child from seeing you. That is insane. If someone could do that, I would have utilized that many times because my ex is such a scumbag and his place is no place for children to be. I think that you should file a motion to modify the custody arrangements or get him for contempt. Just make sure you have documentation and wittnesses that will back you up. Good luck.

Answer 7

I went through the whole custody, visitation bit and I really never heard of what you're saying. Is he trying to keep him from visiting you? That what I would wonder. If it is written in a court-order when you get visitation, he shouldn't be able to revise it his way.

Answer 8

contact your attorney who can petition court.
visitation that is court ordered cannot just be ignored.
he is in violation of a court order.
you can established a case and sue for custodial rights each you desire.

Answer 9

Are these set pre-arranged visitation dates that are set up, or other times?

Answer 10

Excuse me, being a father is a priviledge. Jason's dad isn't stepping up as a father by potential of conserving his observe to take place whilst he says he will. good job for Jason for determining that. Jason isn't some puppy the daddy can "play with" each and every time HE appears like it. Ask that he end writing by potential of e mail by using fact the reaction time is slower and he doesnt write you each and every so often. shop a recording of all verbal replace with Jason's dad so as which you have it to tutor in courtroom. by potential of how, you have sole custody, you do no longer ought to allow him to be sure jason in case you dont see greater healthful. Jason's dad is proving untrustworthy and exhibiting that he doesnt somewhat need to be sure jason. despite certainty the dad is believing isnt the actual certainty. tell jason's father which you are able to't end him if he desires to pass to courtroom. tell him which you're permitting loose visitation if he can shop his observe to take place. it would be good that the dad is going to courtroom by using fact he will probable merely make an *** out of himself. deliver with you all emails and recordings and merely make specific you get on there which you in no way gained a reaction to him no longer exhibiting up or soliciting for from now on visitation by using fact the final one wherein he in no way confirmed up. you ought to stay calm during this finished ordeal. whether he starts off to yell, you ought to stay calm. If over the telephone, tell him which you dont desire to talk whilst he's yelling so which you will confer with him later. If interior the courtroom and he's yelling, he's doing you a desire as he's exhibiting how inconsistent he's. tell the choose which you haven't any longer any subject with the dad spending time with jason yet which you hate it whilst jason gets harm whilst the dad in no way shows up. state the information and no very own emotions on the subject. it's going to make you to be the calm and picked up discern. Jason is fortunate to have a minimum of between the discern having a good base for him. I somewhat have a feeling you will do what's the proper for Jason. good success!