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visitation rights and consequences?

Started by dassia2095, May 11, 2012, 03:52:04 PM

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dassia2095

My Bf's ex will sometimes tell my bf that he needs to pick them up on certain days that are not in the agreement, then other weekends she says she's got plans with the kids and that he can't pick them up depending on the mood she is. Last sunday, she agreed to let my bf have the kids for the evening, but then found out they changed the locks to my bf's house bc she kept breaking in at her convenience, so then she changed her mind.
My question is, what happens with this?
For example, when it's his weekend but she wants it and he gives it to her, can she tell the court that he didn't wanna see them? (that's what the threatens when she gets mad).
Or if it's not his day, but he takes them, can she say he's kidnapping?
what are the consequences to this in court, I mean, is it fees? jail time? or is it something she can't do?
I have a friend that has a 5 yr old daughter and his dad has never seen her, he sends child support but my friend doessn't care for him seeing her, and he is gone out of state. So from that I think, as a dad you do not get in trouble for not seeing your kids or not following the agreement, is that true? or how does it work?

MixedBag

BF's best bet is to stick to the court order and accept any additional time BM offers.   She's not supposed to make up a schedule at her whim.

If BM denies time (like a weekend) with Dad, then Dad has to take her back to court and ask for makeup time and ask the court to make mom comply with the order.
What I would do -- right now -- is to let this go for another month.  And keep real good track of when Dad is asked to take the kids and then compare that time with when Dad is supposed to get the kids.    Sometimes, you'll find that Dad gets more time.....sometimes, less time.    Then decide to pick and choose your battles. 

As for the other Dad.....you can't force a parent to be a parent.  My OD's children's Dad has been missing in action (again) now for 6 months....and what is she supposed to do?  Haven't even got a clue where he is and definitely not in the local area anywhere.....and we all keep in touch with is family that's still around.

SO....I'll tell you what OD can do -- and then you can decide from there.  Last time, when he disappeared for 9 months, she got sole custody and supervised parenting time.  This time?  AL says 6 months and the court can remove your right to be a legal parent.......    Dad will always be Dad....but maybe legally not a parent any more.