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Visit Denied over Claim of Child's Illness

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  • 11-25-2011, 04:51 PM
    jorgey84
    Visit Denied over Claim of Child's Illness
    My question involves a child custody case from the State of: NY

    I supposed to thanksgiving day with my daughter 12-7 by court order visits.But i have false accusation order of protection which im fighting for.So i get txt from my daughter mother saying the child is sick,and that she going to the hospital.

    So i have exchange to pick-up and drop off my daughter at the precint,And i try to get a police report,but the cop didn;t, he "said if the child is sick than she sick"So he call the mom asking if it tru and she said,"came from the hospital we have a doctor note,"

    is that a vaild reason to denied visitation? is she held in contempt? i could of took the child to the hosptial.So today i have visits again,and her grandmom dropped her off,and starting up a arguement,and i told her i could of took her to the hospital,she said no because u a bum,insulting me of my child,and she was talking to the child mom on the phone..

    I don't know what to do,evertime i get my child and try to be a parent they wanna fight,and insult me

    should full custody be filled?>
  • 11-25-2011, 04:59 PM
    Dogmatique
    Re: Is Mother in Contempt
    (Post history, folks).

    No, this is not contempt. The child was sick. Mom is not in contempt. You seriously need to take parenting classes.

    You are not getting full custody over this.
  • 11-25-2011, 06:36 PM
    jorgey84
    Re: Is Mother in Contempt
    oh really,have you a heard website called,"father4kids.com" let me quote what a lawyer on that site stated

    i see you answer alot of questions are you a lawyer?

    Visitation Rules & Guidelines
    Warning to Parents

    By: Susan Durham, Attorney at Law

    None of the following is a reason to deny visitation:
    The child is sick ? unless hospitalized. If the child is in the hospital, you have a duty to notify the other parent so they can visit their child.

    So basically the child was not that ill that kids get sick and i was willing to take her to the hospital, just as the mother took her to the hospital.

    Now im not saying custody would be awared but i have history of denied visits in the past
  • 11-25-2011, 06:45 PM
    Disagreeable
    Re: Is Mother in Contempt
    We are not talking about a history of denied visits. You asked a question about one incident. Please be specific about the scope of your question.
  • 11-25-2011, 06:54 PM
    Dogmatique
    Re: Is Mother in Contempt
    And did that attorney address you specifically, in your State, according to YOUR STATE'S laws?

    No?

    Dude. Seriously. You need a major reality check here. Your expectations are completely unrealistic.

    I am not an attorney, and most posters here are not attorneys. We just Know A Whole Lot about Family Law.

    Many of us have spent long hours in court rooms, and know how judges typically rule. You would do well to learn from us.
  • 11-25-2011, 07:12 PM
    jorgey84
    Re: Is Mother in Contempt
    No,but but where in NY law does it say child cant go because of a lil sickness??

    she could take the chiild to the doctor with a lil cold and get a doctor note and use that in a excuse
  • 11-25-2011, 07:15 PM
    Dogmatique
    Re: Is Mother in Contempt
    Here's how it works.

    If Mom keeps doing this - on a regular basis - she can, and likely will, be held in contempt. But for the occasional missed visit? The courts quite honestly will not care unless there is a proven history of attempts to thwart visitation. And by proven history, I mean...proven in court.
  • 11-25-2011, 07:19 PM
    jorgey84
    Re: Is Mother in Contempt
    i have that proof,since last year when i was awared make-up visits in 2010.

    And one this year on May 27,2011 on her birthday mom ran away i have police report on that,

    i could bring that up to court
  • 11-25-2011, 07:26 PM
    Dogmatique
    Re: Is Mother in Contempt
    You made a report. But you didn't do anything about. You're likely not going to be able to use that against her now.
  • 11-25-2011, 07:32 PM
    jorgey84
    Re: Is Mother in Contempt
    yea i did,i filed a violation and physical custody,but case got dimissed,because i have a order of protection,i still been fighting that since june 15,so once i come cleaned with that,i will refile
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