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  1. #1

    Default Father Missed Visitation Pickup Time

    My question involves a child custody case from the State of: Ohio

    My kids dad missed his pick up time for holiday visitation. I had the kids ready to go, and we waited. He never called, he never showed. My son did try to call him, and he didn't answer. He shows up a day late and DEMANDS the kids go with him because he forgot to pick them up.

    Do I have to force the kids to go with him if he misses his scheduled visitation? He said it was my responsibility to call him and remind him of his visitation. It clearly states in our papers that the non-custodial parent forfeits visitation if he does not pick them up within 30 minutes of scheduled time without prior arrangements or a phone call.

  2. #2
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    Default Re: Father Missed Visitation Pickup Time

    Quote Quoting StressedMom3
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    My question involves a child custody case from the State of: Ohio

    My kids dad missed his pick up time for holiday visitation. I had the kids ready to go, and we waited. He never called, he never showed. My son did try to call him, and he didn't answer. He shows up a day late and DEMANDS the kids go with him because he forgot to pick them up.

    Do I have to force the kids to go with him if he misses his scheduled visitation? He said it was my responsibility to call him and remind him of his visitation. It clearly states in our papers that the non-custodial parent forfeits visitation if he does not pick them up within 30 minutes of scheduled time without prior arrangements or a phone call.
    Your parenting plan has this issue covered very well. You do not need to call him or remind him either, he is a big boy. You do not have to release the children after the 30 minute mark, if we were talking about him running late I would have a much different view. You are following your plan it seems so he has no ground to stand on.

  3. #3

    Default Re: Father Missed Visitation Pickup Time

    He said it was my responsibility to call him and remind him of his visitation.
    Not a chance in hell. If his children aren't important enough to him to remember to pick them up for his visitation, that's his problem. You are only required to follow the EXACT wording of the court's order. Two words for dad: "tough luck" (or "dumb ass", as long as it's not in front of the kids).
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  4. #4

    Default Re: Father Missed Visitation Pickup Time

    He now says he will be filing contempt charges against me. What chance does he have?

    He was harassing and hostile all weekend, showing up Saturday and Sunday and having to be told to leave by police twice. I NEVER told the kids they could not go with him. He was so combative and angry when he came the kids were afraid to go with him.

  5. #5

    Default Re: Father Missed Visitation Pickup Time

    If he wants to bring a contempt motion and hear the judge ream him up one side and down the other for trying to hold you responsible for him not being able to remember to visit his children, why stand in his way? If he's getting combative and angry to the point where police have to be involved, more than once, you might even consider asking the court to make visitation supervised. The stupidest thing dad could do at this point is bring his behavior to the attention of the court - but if he's adamant to shoot himself in the foot, just sit quietly in court, say as little as possible, and let him dig the hole for himself. Don't get defensive, don't try to justify anything. Let dad do as much of the talking as possible - he can screw himself up in court on his own much better than any offense you might throw his way. Just give the judge short and simple answers to any direct questions you are asked. Try not to chuckle when the judge buries him like a gift in the catbox.

    Also, make sure you show up with the names of the officers who responded, and get the dates, times, and the police department's case number for the two incidents. There probably wasn't a written report made, but the department would have assigned a case number and a classification to the incident. It's usually easiest to contact the department and ask for a printout of the dispatch record (it'll show the date/time of the call, what the department was asked to respond to, which officers responded, and any notes that the officers asked to be made part of the record, such as what they did, what they told him, etc.).
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

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