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What Happens to Visitation if You Miss a Pick-Up Due to a Road Closure

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  • 11-23-2015, 10:13 AM
    Jebajebuz
    What Happens to Visitation if You Miss a Pick-Up Due to a Road Closure
    My question involves a child custody case from the State of: Colorado


    If pick up for holiday's is from Friday til the following Sunday (9 days) and roads are closed due to weather. Can you pick child up still on your time say monday after roads have cleared up? or do you lose pick up time? Mom doesn't want to hand over child saying she can't be at our home for more than a week, which is no where in the parenting plan. It's joint custody. She is refusing to give child and is making up her own day for dad to get her and if he doesn't agree then she will not give him the child until Friday after thanksgiving.
  • 11-23-2015, 10:24 AM
    llworking
    Re: Pick Up and Road Closures, What Can I Do
    Quote:

    Quoting Jebajebuz
    View Post
    My question involves a child custody case from the State of: Colorado


    If pick up for holiday's is from Friday til the following Sunday (9 days) and roads are closed due to weather. Can you pick child up still on your time say monday after roads have cleared up? or do you lose pick up time? Mom doesn't want to hand over child saying she can't be at our home for more than a week, which is no where in the parenting plan. It's joint custody. She is refusing to give child and is making up her own day for dad to get her and if he doesn't agree then she will not give him the child until Friday after thanksgiving.

    You actually have a Thanksgiving order that states 9 full days? Are you sure that you are interpreting that correctly? Does your child's school district give the whole week off from school?
  • 11-23-2015, 10:28 AM
    Jebajebuz
    Re: Pick Up and Road Closures, What Can I Do
    Yes, shes in preschool, the court order states thanksgiving break and thanksgiving day and her break has been from Monday - Friday but the lawyer filed in the order from the Friday - the following sunday before school. It's scheduled the same way for spring break. So it's always subjected to change and those changes can be made but mom wasn't aware that we were getting information from the school.
  • 11-23-2015, 10:30 AM
    Ohiogal
    Re: Pick Up and Road Closures, What Can I Do
    Who are you? YOu are not dad.
  • 11-23-2015, 10:31 AM
    Jebajebuz
    Re: Pick Up and Road Closures, What Can I Do
    The father's wife.
  • 11-23-2015, 10:33 AM
    llworking
    Re: Pick Up and Road Closures, What Can I Do
    Quote:

    Quoting Jebajebuz
    View Post
    Yes, shes in preschool, the court order states thanksgiving break and thanksgiving day and her break has been from Monday - Friday but the lawyer filed in the order from the Friday - the following sunday before school. It's scheduled the same way for spring break. So it's always subjected to change and those changes can be made but mom wasn't aware that we were getting information from the school.

    Well, then you are going to have to show up to pick up the child, and if mom still refuses to hand her over, then you can file for contempt.
  • 11-23-2015, 10:36 AM
    Jebajebuz
    Re: Pick Up and Road Closures, What Can I Do
    Even though the roads closed on dad actual pick up time, he can still file for contempt? This has been an ongoing issue and that last contempt was filed just a few months ago so mom is looking for gaps and taking advantage of them. So my question is would she even be in contempt if she tries to say it only says friday - sunday? He's more confused on if anything legally can be done.
  • 11-23-2015, 10:41 AM
    Ohiogal
    Re: Pick Up and Road Closures, What Can I Do
    Quote:

    Quoting llworking
    View Post
    Well, then you are going to have to show up to pick up the child, and if mom still refuses to hand her over, then you can file for contempt.

    Not true. OP can do NOTHING. Not OP's business legally.

    - - - Updated - - -

    Dad needs to educate himself on the law or contact an attorney.
  • 11-23-2015, 11:08 AM
    readytoleave
    Re: Pick Up and Road Closures, What Can I Do
    I could be wrong, and knowing that the OP has zero to do with any of this, but isn't Mom in the wrong that she can just decide what day for the child to be picked up? It seems like they made a good decision to not take the child out on the roads since they were closed due to weather. Good choices, but now Mom is saying that they can't have the child at all until she says it's okay just because the court order says Friday to the following Sunday. I don't think she can pick and choose when Dad get's the child like that. I would think the child should be made available as soon as the roads are clear.
  • 11-23-2015, 11:17 AM
    llworking
    Re: Pick Up and Road Closures, What Can I Do
    Quote:

    Quoting readytoleave
    View Post
    I could be wrong, and knowing that the OP has zero to do with any of this, but isn't Mom in the wrong that she can just decide what day for the child to be picked up? It seems like they made a good decision to not take the child out on the roads since they were closed due to weather. Good choices, but now Mom is saying that they can't have the child at all until she says it's okay just because the court order says Friday to the following Sunday. I don't think she can pick and choose when Dad get's the child like that. I would think the child should be made available as soon as the roads are clear.

    Mom is probably in the wrong. However, since we do not know the exact wording of the entire order its difficult to say for sure.
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