Week Long Visitation Inquiry?

Question

Father had a week long visitation with his daughter. Father called 4 days prior to the visit and said he didn't have utilities at his home, therefore could not pick the child up on the first day of his week long visitation, however he would have his utilities on somewhere doing that week. Father called and left a message on the mother's answering service stating that he could now pick up the child. Since he's on welfare, his utilities were cut back on today, August 1. Mother explained to the child that she would be going to visit with her dad, the child broke down in tears.

The father has not exercised his court appointed visitation with the child in 2 (two) years consistently. He has her every other weekend and one day (3 hours) during the week. Father always cancels with excuses of: no gas, money or simply just cancels. The mother has the child to call when the father does cancel.

The inquiry is - what right does the father have in regards to the week long visit at this point?

The mother allows the child to call the father when he cancels visitations due to the fact that she doesn't want the child to feel that the father is being put out of her life.

The father has not paid child support for this child since March 2005. He's on welfare and refuses to work. The court allows him to do this. The mother has a full time job and does provide a safe, nurturing homelife for the child.

The mother has concerns related to the issues the father has and especially since he admitted that he didn't have utilities makes the mother wonder if he has enough food to feed the child while she's there. Keep in mind that this child is six years old. In fact it was the mother's call six years ago, to take this to court in order for the father to have visitations.

The concern is for the welfare of the child.

Answer 1

As long as there is a court order, regardless of the fact he has not exercised his rights, when he does exercise them, you can not say no.

If you want, you can hire an attorney and see if you can modify the visitation agreement as long as you have documented all the times he has missed and his reasons - but if you haven't done that - you won't have a leg to stand on.

You can also just talk to the father to see if he wants to cut back the visitations to something more reasonable to his life at the moment, and get it in writing. Be polite about it.

Get your child into counseling to help her deal with her father's inconsistencies.

Answer 2

I would record all those messages and then take him back to court. If he lives in a bad place and never has utilites then it is not a safe place to visit with his daughter, or if you don't mind you can always tell him to come visit her at your house while you do chores and stuff. That way your child feels safe, still gets to see her dad........believe me, no matter what the child still loves both parents. I was a foster parent for several years and I have had children that were beaten, starves, neglected and sexually assulted and the child wanted nothing more than to go back to his/hers parents.........sad, but thats how it is.

Answer 3

Call your attorney who did your visitation schedule and tell her/him what is going on. They should be able to alter the visitation to say that he has utilities on or no visits. If you have the child more then you should receive more money for child support.

Don't put the child in the middle of all this by making her call her dad. You are the adult. You handle it.

To answer your question...call your attorney.

Answer 4

i have no idea what "rights" the father has, but it seems like the poor guy is struggling for some reason.

if it's safe for the child to visit with him, and if i was the mom, i'd let the child go when the father had the funds to do so.

you could cut him some slack, and just let the child visit... does she want to visit?

take care.

Answer 5

I would we very concerned about my daughter. If she is ok if she is getting fed because dad seems like he cant afford anything. She should go back to court and petition the order for the best interest of her daughter. Why does the daughter cry anyways is she scared of dad there are reasons for everything. Good Luck

Answer 6

Unfortunately the non-custodial parent has whatever rights have been granted to them by the court. If you have an issue (and believe me, you have a legitimate issue) you need to petition the court to have a change made in the visitation order.

I'm the custodial parent and my kid's mom hadn't visited them in over a year, and all of a sudden decided she wanted them, I had no choice but to honor her request.

Answer 7

He still has rights to see his child, but I would be talking to my attorney about the issues with visitation. Since he has cancelled visitations with stupid excuses(boy do they sound familiar) you can ask your attorney to either scale back visitation or to get supervised visits. Until then keep track of all visits and cancellations. Also if he send the child back unkempt or dirty.
GOODLUCK!

Answer 8

Take him back to court and have them force him to find steady work or lose visitation rights. That's BS not having utilities. He should be working and taking care of his daughter!

Answer 9

Legally you'd have to go to court to amend the visitation arrangement. To me it depends upon the child's age in my opinion. I think if she's 9 or 10 and doesn't want to go you shouldn't force her. Just require her to inform her father herself. Otherwise let her see him as much as she can. As long as she's safe and you trust that he'll do what's right in regards to her. This is something in her life that she's going to have to deal with eventually and if you get in between them she may feel that you kept her from him. Watching her be disappointed I know is very hard but, she's learning to be tough just make sure she knows that this isn't about her that regardless of his behavior that he does truly love her. That it's about his inabilities in life. As she gets older (teens) be sure she understands that sometimes we can avail ourselves to others to no end but they sometimes are just not capable of having relationships in a way that is productive to anyone but themselves.

Answer 10

you may ask for something you like. you have no longer have been given actually the best to visitation over the objections of the custodial verify any further than a stranger has the wonderful to circulate to over the objections of the custodial verify. attempt persuasion. it somewhat is going to artwork extra valuable than searching for an order in a court docket. in the adventure that your modern-day attempt at persuasion isn't working, then attempt a diverse attitude.