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Visitation Question

Started by forthekids24, May 01, 2006, 09:41:33 AM

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forthekids24

Santa Clara County, CA

I have sole physical custody and joint legal custody of son.

EX has visitation 1st, 3rd and 4th weekends of the month from Friday after school to return to school Monday morning. No holidays.

I am 99% certain that Ex has moved out of the Bay Area in the last few weeks.  ( I tried to call the home # and I got a forwarding # for the Sacramento Area)

There are no first right of refusal clauses in the parenting plan.

I strongly believe that Ex will have mother in law (son's step grandmother) pick him up from school Friday and keep him for the weekend.  I don't think Ex or Ex's spouse will want to drive here and back to spend time with son.

Do I have to let son go with Ex's mother in law?

Can Ex have someone else take her visitation time with son?

Thanks!

socrateaser

>
>Do I have to let son go with Ex's mother in law?

Exercise of visitation, unlike custody, is a personal license to "visit," not a right of authority to care and control the child, and it is non-delegable. So, NO, you don't have to release the child to anyone other than the other parent.

>Can Ex have someone else take her visitation time with son?

See above.