if my childs mother is late on a friday when she is supposed to pick her up at 6:00pm and she picks her up at 7:00 can i refuse visatation right
2007-01-19 10:20:16 · 8 answers · asked by character 2 in Family & Relationships ➔ Other - Family & Relationships
Yes and no - the court (the family judge) when a parent challenges under a situation like the one you mentioned will look towards the "best interest of the child.(or BIC)" If the parent who arrives late does so often and with the intent to irritate the cutodial parent then that situation is not in the BIC b/c the parents are not fostering a loving and peaceful environment for the child. If on the other hand the parent is late (job, traffic, life) and the custodial parent refuses to allow the visitation in order to irritate the non-residential parent then that is not in the BIC and it is the child who is also punished as they miss out on the time with the other parent. The general rule is that small imperfections in the performance of the visitation rights should be cured as adults so that the child does not suffer. If a pattern develops then you could ask the court to sanction the parent or hold them in contempt or even seek a modificaiton of the visiting schedule. But an hour late once or twice is not so egregious that you can unilateraly punish the parent and the child. That make sense?
2007-01-19 10:28:24 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If she has visatation rights and you have full custody, then you should be able to not allow your child to go with her mother if she is an hour or more late. I've never had this problem but my sister has before. Just to be on the safe side, contact your lawyer or judge who gave you custody and gave her visatation rights if that's the case. Either way I would still contact a lawyer. Better safe than sorry!
2007-01-19 18:25:58 · answer #2 · answered by ~M*a*N*d*Y~ 3 · 0⤊ 0⤋
You can, but think about the child. I would document each time she is late and then take it back through the legal system. Don't cause anymore heartache for the child.
2007-01-19 18:24:20 · answer #3 · answered by Anonymous · 0⤊ 0⤋
yes but its not reall y in the best interest of your daughter is it. so mum was alittle late, i know this can really get to you but you have to relax and remember there is a little girl who needs to see her mum whatever time she comes. i had the same prob with dad, he wanted everything on his terms it annoyed me for a while but after cooling off i let it go he see her when it suits him and she really doesnt care half the time. she has me who has been there 4 her all her life and he just breezes in when hes nothing better to do, his loss. let your ex shoot herself in the foot at least your daughter wont hate you for stopping the contact with mum, mum will be the only one to blame because it was her fault
2007-01-19 18:28:36 · answer #4 · answered by alroka 3 · 0⤊ 0⤋
Why would you be such a bastart to your child???
I know you are mad at your ex, and that's fine. Be as angry as you want, but don't EVER, and I mean EVER use your child as a pawn to play that anger out.
No matter what, your child loves their mother and wants to see her. You'll look like a prick for saying no.
2007-01-19 18:30:53 · answer #5 · answered by acholtz@verizon.net 3 · 0⤊ 0⤋
Why would you want to? It's your daughters right to see her Mother. I would however point out how disappointing it must be for your daughter fo your ex to be an hour late.
2007-01-19 18:29:03 · answer #6 · answered by Anonymous · 0⤊ 0⤋
i would because she is not giving you or that child any respect. you could have already made plans for yourself. If she is schedule to pick that baby up at that time she needs to be there.
2007-01-19 18:26:07 · answer #7 · answered by sherie s 1 · 0⤊ 0⤋
I wouldn't refuse,b/c you don't want to go fight it out in court again.I would just politely tell her to call next time b/c you have plans or just plan out tell her to be prompt on being there on time!
2007-01-19 18:24:00 · answer #8 · answered by molliehollie 7 · 0⤊ 0⤋