Parental Discretion

[InTheMiddle]

Background:  Mom in TX, Dad in AZ.  AZ divorce & court.  Dad has full physical custody of children, divorce is joint legal custody.

Problem:  Mom's summer visitation.  Mom has no permanent address.  Mom has given no address or employer to the court.  Mom's family is so psycho that they distribute newsletters about how awful they are (ie Joe uses drugs, John is a known sex offender, ect.)

Although Mom has never paid child support, I realize child support does not affect visitation.

1)  Legally, what is parental discretion concerning visitation?

2)  What is the difference between parental discretion and contempt of court?

3)  Based on not knowing where the kids will be during Mom's visitation, can we refuse summer visitation based on parental discretion or any other legal means?

4) Can we demand notarized and in writing that she give us an address and phone number as to where the children will be living during her visitation before we exchange kids?

5)  If she makes up an address, can we hold her in contempt, child endangerment, anything else?

Your advise is very much appreciated.

[socrateaser]

>1)  Legally, what is parental discretion concerning
>visitation?

Depends on the exact text of the custody orders/parenting plan. Post them.

>
>2)  What is the difference between parental discretion and
>contempt of court?

Parental discretion has no legal meaning to me, although it may have some meaning to AZ courts. Contempt is the knowing and willful violation of a valid and enforceable court order.

>
>3)  Based on not knowing where the kids will be during Mom's
>visitation, can we refuse summer visitation based on parental
>discretion or any other legal means?

Like I said, parental discretion means nothing to me, legally speaking, so, no.

>
>4) Can we demand notarized and in writing that she give us an
>address and phone number as to where the children will be
>living during her visitation before we exchange kids?

You have a legal right to know the children's location. However, until I read the court orders, I can't tell you if you may refuse to transfer the kids unless you receive their location.

>
>5)  If she makes up an address, can we hold her in contempt,
>child endangerment, anything else?

Depends on the court orders. Post them.

[InTheMiddle]

Parental Discretion is something I heard while attending an event in California.  After researching it on the web, I think it was a term used by the woman's x or his attorney so she wouldn't fight not having visitation.

The only thing I could find was on the joint custody agreement that was adopted with the original divorce decree:

"Telephone access:  Each parent may have telephone access with the children during the children's normal waking hours and shall be limited to one-half hour."

"Both parents shall have full and complete access to all information regarding the minor chidren."

"Each parent shall have and provide full access and disclosures to the other parent regarding the minor children."

I used that information to send the x these two sentences:

"According to our Joint Custody Agreement filed in the Superior Court of Arizona, Maricopa County on 3/16/99 and approved in the Consent and Decree of Dissolution of Marriage in the Superior Court of Arizona, Maricopa County on 6/28/99, I understand that you will provide me with the schedule(s), address(es) and phone number(s) of where our children will be staying during your summer parenting time."

"Unless I receive from you in writing by Wednesday, May 25, 2005 of the schedule(s), address(es) and phone number(s) of where our children will be staying during your summer parenting time, I will understand that you willingly forfeit your summer parenting time for 2005."

1)  Is this something she could use in court against the father?

2)  Doesn't the court assume that certain things, like where the children are staying and how to contact them, is something both parents are entitled to?

Thanks for your input.  

[socrateaser]

>1)  Is this something she could use in court against the
>father?

It's a judgment call. I assume that the other parent's summer visitation is expressed in the court orders, although you haven't posted those orders. If so, then the parent has the right to the visitation. There is no express instruction to provide the children's location, although the orders to provide you with the right to information regarding the children, and it is certainly reasonable that you know where they will be residing.

So, your argument to the court would be that the mother's failure to tell you where the children will be located during summer is good cause for you to believe that the mother may intend to conceal them from you and not return them at the end of summer, therefore, you would be placing the children in harm's way by permitting the summer visitation.

The letter states that the other parent "forfeits" the right to the children, if she doesn't provide their residence location. This is not legally true, you're just making something up to suit the circumstances. But, judges rarely pay much attention to layperson parents' attempts to interpret legal principles. You would have been better off to merely tell the other parent that without the residence location, you won't release the children for fear that their wellbeing may be in serious jeopardy, or something to that effect.

>2)  Doesn't the court assume that certain things, like where
>the children are staying and how to contact them, is something
>both parents are entitled to?

Yes, but the question is, how do you prove in court that you weren't given the info, if the other parent claims to have provided you with it?

Answer: you can't. The best, and most expensive means of dealing with the issue is to go to court now and ask that the other parent be refused visitation unless she provides the info. This gives you the upper hand, because you wouldn't ask the court to help if you had the residence location.

But, if you wait until afterwards, then the other parent can say that she gave you the info, and that you concocted a story to prevent her from having the children, anyway.

And, there's also the question of money -- can the other parent afford to take you to court and fight about the situation? If not, then you will win.

Since you've already sent the letter, I suggest that you inform the other parent that you intend to record all telephone conversations between you, and that you will ask her point blank for the location of the kids, and state that if she doesn't provide it, that you won't release the kids. Then you will have her response on tape where the court can hear your rationale, in the event that you are brought up on a contempt charge.

[InTheMiddle]

Thank you!

You always come up with the best advice.

All her telephone conversations are already being recorded (AZ has a law that says we can) and I plan on using a video recorder during the exchange, as we will be at a high school graduation anyway.  Just to cover our tracks, I will tell her we intend to record all telephone conversations.  Better safe than sorry.

On a personal note, I think she is trying to get her life back together and will cooperate.  She has lost many boyfriends/husbands based on her psychotic behavior in dealing with her children.  I hope my instincts are right.