My daugher's biological father lives an hour away. He has visitation and gets her once a month. He is claiming that I have to go pick her up since he came and got her. He refuses to meet me half way and I have a court order that sais that she has to be back by Sun. night. Fri. through Sun. He claims that he is taking me back to court and that this would be the standard procedure. I am giving in this time and going to pick her up but what else can I do. I am not obligated to drive an hour away to pick her up am I?
I called the police and they said that since this is a civil matter then I have to consult my lawyer. Nothing they can do so that is why I am going to pick her up.
2007-02-25 07:32:47 · 7 answers · asked by Tammy 2 in Politics & Government ➔ Law & Ethics
He gets one weekend per month, and one day per week. He chooses to only see her once a month. This is one of the few weekends he has taken her and she is 7.
2007-02-25 07:51:33 · update #1
My mom used to jerk my dad around just the way you do her father. All of us grew to hate her for it. She made seeing and spending any time with our father as miserable as possible, just because she hated him and wanted her way on all matters.
Quit dragging your child into your petty emotions towards her father. The time he spends with her should be about him and her. Not him, her and you. He barely is allowed to see her as is and you are intent on destroying that. Make the small effort to pick her up. If you're not going to show him any respect and concern, then at least extend it to her.
2007-02-28 10:41:19 · answer #1 · answered by marklemoore 6 · 0⤊ 0⤋
I don't know what specific judges will rule, but I was made to drive 1 1/2 hours to pick or drop off my kids. He went to court and the judge ruled that we split the travel, if he dropped off, I picked up. I had full custody also, and he wasn't put on my kids' birth certificates either. When he wouldn't bring them home when he was suppose to and kept them an additional 3 days, the police wouldn't do anything but tell me to tell the judge. I even showed them my custody papers. They wouldn't remove a child from the home without Social Services and a judge's consent. It was an awful time of my life, and after nearly 10,000 in attorney fees, nothing much changed until he could no longer afford an attorney and ended up not even visiting for 3 yrs. He was trying for custody too, but the only reason he wanted custody was so he wouldn't have to pay child support. There was no way he could get custody, especially since he used physical punishment on them after he was ordered not to, and I filed a complaint with child protective services. With that against him he was fighting a losing battle, but not before I was broke with lawyer fees. However, I'd do it all over again, because now a days, no one can or will protect my children, unless I do. The courts are only worried about fair parenting time, not about what is best for the children. I wish you the best of luck...and if he takes you court, fight him right back.
2007-02-25 15:53:19 · answer #2 · answered by sassy_395 4 · 0⤊ 0⤋
It always depends on the state you live in, but with my situation there is no way i would let him get away with that. You should go pick up your daughter and you have already called the policebut if you get all the way there and he refuses to give you your daughter then you should call the police and make sure you have a copy of the divorce decree on you! They will come out and force him to give her to you. Otherwise the best thing you can do is contact your attorney first thing Monday morning and make sure he doesn't pull this again. Also, keep a journal of everything so if you do have to go back to court you will have a record of everything he does! Good luck!
2007-02-25 15:40:07 · answer #3 · answered by stevie_iris 1 · 0⤊ 1⤋
If your divorce decree is silent as to transportation, you will need to have it clarified. Did he always live an hour away? Did he recently move? This makes a difference as a parent that moves a distance from a child is usually required to pay for transportation. If he always lived an hour away, the court will probably make you meet halfway or provide one way of the transportation unless you can show that you cannot afford it.
2007-02-25 15:44:19 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Either parent can sue to have a decision reversed in the visitation agreement. This can be one of them, and if he can prove it is a hardship or because he does not think it fair that he has to drive both ways for his visitation privileges, he could win if the judge is in agreement. If you can prove it a hardship on you, then you need to tell your attorney why so he can use this in court.
By the way, was this his decision to move an hour away or yours, that may be the deal maker or breaker in this decision.
2007-02-25 15:42:04 · answer #5 · answered by Sparkles 7 · 0⤊ 0⤋
There is no hard and fast rule about which parent provides the transportation for visitation, but usually the parent who has visitation provides transportation both ways. That being said, I think that you should try to work this out with your daughter's father.
It is very important for her to have an ongoing relationship with him. Talk to him about your desire to have an amicable relationship with him for her sake. It sounds like she is quite young, so you will have to be dealing with him for a long time. Good luck.
2007-02-25 15:43:51 · answer #6 · answered by Tricia R 4 · 0⤊ 0⤋
He gets visitation once a month and you want him to spend a substantial part of that in a car. He comes to your house to get her, you can pick her up.
2007-02-25 15:45:52 · answer #7 · answered by answer man 3 · 1⤊ 0⤋