Can a Non-Custodial Parent Allow Someone else to Take Their Visitation

My question involves a child custody case from the State of:
If the non custodial parent is not enforcing their visitation, can they "give " their visitation to another family member? in other words, they call and say they cannot/will not enforce their visit for the designated time so their parent can have the visit instead. does the custodial parent who has full and legal custody have to abide by that request? i know it would be fine if the non custodial parent picked the child up for visit and took it to their parents for the visit, but no, the non custodial parent (who lives over 2 hours from their own parent) is not enforcing the visit at all or seeing the child at all during this time and is instead saying let their parent have the child for the visit.

Unless the order prohibits them from doing so, either parent can have the child spend time with somebody else during their parenting time. For example, one parent or the other may decide that the children would benefit from a weekend (or a week, or perhaps longer) with their grandparents.

You need to get a copy of the order and read it yourself.

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Quoting Mr. Knowitall

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Unless the order prohibits them from doing so, either parent can have the child spend time with somebody else during their parenting time. For example, one parent or the other may decide that the children would benefit from a weekend (or a week, or perhaps longer) with their grandparents.

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I am going to potentially disagree, depending on facts not yet presented.

OP, is this a one time situation, or something that is happening for every visit? Does the parent normally exercise their visitation but this one time wants to give it to the grandparents? Or does the parent rarely exercise any visitation and wants the grandparents to take over?

mom rarely exercises right to visits and sends grandma 90% of the time to take the child for the weekend. order states if mom does not enforce scheduled visit then time does not have to be made up. dad does allow child to go for weekend visits with grandparents outside of mom's visits. if mom is not enforcing the time and is not going to be present for visit at all, does child have to go just bc it is mom's weekend? dad has full physical and legal custody.

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Quoting 1jessie1

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mom rarely exercises right to visits and sends grandma 90% of the time to take the child for the weekend. order states if mom does not enforce scheduled visit then time does not have to be made up. dad does allow child to go for weekend visits with grandparents outside of mom's visits. if mom is not enforcing the time and is not going to be present for visit at all, does child have to go just bc it is mom's weekend? dad has full physical and legal custody.

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Technically no, dad does not have to allow someone else to exercise mom's visitation. Its not "family visitation" after all. However, its a bit of a grey area as mom is allowed to share her time with her family. Its also a poor practice to cooperate with as it gives the grandparents a sense of entitlement that usually eventually causes problems.

Certainly, if dad decides to allow the grandparents to take the majority of mom's visitation, he should not be giving them any additional visitation from his parenting time.

yes it did become problematic when grandma undermined dad's discipline and told child lying was ok "bc everyone does it" so dad ceased grandparent visits for a while (like 2 months) bc it not only undermined his disciplining the child for lying, but also went against dad's moral teaching and child was having alot of disciplinary problems due to lack of honesty. once mom found out, she threatened that grandmother could sue for grandparent visitation since she is the ncp, and that if she herself was unable to enforce her visitation, she could "give" her time to grandmother if she wanted to. moms visits are for 1 weekend every 8 weeks,1 week summer visitation, and 1 week Christmas break and every other thanksgiving break. mom lives 2-2.5 hrs away from grandmother and 4 hours from child. i know thats not really relevant, but mom gives 90% of her visitation to grandmother and expects dad to adhere to HER schedule. i know she can let child stay with her family during her time, but shouldnt that mean she is enforcing some of the time herself and taking the child there herself instead of expecting dad to meet grandmother with child for a visit she is not actually enforcing?

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the order states the above is moms visitation schedule and states if mom misses a period of visitation, dad does not have to make up the missed period of visitation and if she does not enforce full visit (wont keep child for full weekend), she forfeits that period of visitation and the next visit will fall on the next 8th weekend

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also, the reason dad was giving grandparents visits was bc mom's visits were so sporadic and grandparents wanted more time with child so prior to the open undermining of his rules, grandparents were getting a weekend 1x a month-1x every 6 weeks

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Quoting 1jessie1

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yes it did become problematic when grandma undermined dad's discipline and told child lying was ok "bc everyone does it" so dad ceased grandparent visits for a while (like 2 months) bc it not only undermined his disciplining the child for lying, but also went against dad's moral teaching and child was having alot of disciplinary problems due to lack of honesty. once mom found out, she threatened that grandmother could sue for grandparent visitation since she is the ncp, and that if she herself was unable to enforce her visitation, she could "give" her time to grandmother if she wanted to. moms visits are for 1 weekend every 8 weeks,1 week summer visitation, and 1 week Christmas break and every other thanksgiving break. mom lives 2-2.5 hrs away from grandmother and 4 hours from child. i know thats not really relevant, but mom gives 90% of her visitation to grandmother and expects dad to adhere to HER schedule. i know she can let child stay with her family during her time, but shouldnt that mean she is enforcing some of the time herself and taking the child there herself instead of expecting dad to meet grandmother with child for a visit she is not actually enforcing?

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the order states the above is moms visitation schedule and states if mom misses a period of visitation, dad does not have to make up the missed period of visitation and if she does not enforce full visit (wont keep child for full weekend), she forfeits that period of visitation and the next visit will fall on the next 8th weekend

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You deliberately did not answer the question as to the state dad is located in. That makes a huge difference regarding potential grandparent visitation. However, one weekend every 8 weeks, 1 week in the summer, 1 week at Christmas and every other Thanksgiving is extremely minimal visitation. IF the grandparents could win a visitation case (and its not at all guaranteed) they might get one weekend every 8 weeks and a week in the summer...maybe a weekend near the holidays but not the actual holidays.

While I do understand the problems that grandma is causing with the lying, her influence would be very minimal with one weekend every 8 weeks. Of course, all of this could be a moot point depending on your state.

parents are both in alabama. yes visitation is very minimal bc mother lives several hours away and states she cannot afford more liberal visitation. this was the visitation schedule she agreed to bc prior to this order she only saw child 2-3x a year and this order was created in order to hopefully create a schedule instead of sporadic, out of the blue visits

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Section 30-3-4.1
Grandparent visitation.

(a) For the purposes of this section, the term "grandparent" means the parent of a parent of a minor child, including an adopted child, the parent of a minor child's parent who has died, or the parent of a minor child's parent whose parental rights have been terminated when the child has been adopted pursuant to Section 26-10A-27, 26-10A-28, or 26-10A-30, dealing with stepparent and relative adoption.

(b) Except as otherwise provided in this section, a grandparent may file an original action for visitation rights to a minor child if it is in the best interest of the minor child and one of the following conditions exist:

(1) One or both parents of the child are deceased.

(2) The marriage of the parents of the child has been dissolved.

(3) A parent of the child has abandoned the minor.

(4) The child was born out of wedlock.

(5) The child is living with one or both biological or adoptive parents, who are still married to each other, whether or not there is a broken relationship between either or both parents of the minor and the grandparent and either or both parents have used their parental authority to prohibit a relationship between the child and the grandparent.

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http://alisondb.legislature.state.al...5/30-3-4.1.htm

so unless grandparents file for thier own visitation, dad does not have to let grandparents have mom's visitation..that would be up to mom to work out after she picked child up from designated meeting place (which is the police dept)

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Quoting 1jessie1

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parents are both in alabama. yes visitation is very minimal bc mother lives several hours away and states she cannot afford more liberal visitation. this was the visitation schedule she agreed to bc prior to this order she only saw child 2-3x a year and this order was created in order to hopefully create a schedule instead of sporadic, out of the blue visits

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Alabama's grandparent visitation law was found to be unconstitutional in 2010 by the Alabama Supreme Court. The law has since been revised but even the revised version has been challenged and there have been varying results. Therefore it is definitely not guaranteed that the grandparents would win a case for grandparent visitation.