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Can You Refuse to Allow Visitation if the Other Parent Doesn't Use All of His Time

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  • 01-16-2016, 05:30 PM
    Mr. Knowitall
    Re: My Rights to Refuse Visitation
    Quote:

    Quoting jk
    View Post
    (My son in law had either 15 or 30 minutes lest he lost his entire time and yes, I read it in the states rules myself)

    Are you talking about a statute? Or is this something that is in parenting time guidelines, and thus typically incorporated into custody orders even though it's not required by law? If it's a statute, please identify the state as I would like to see the statute -- I've never encountered a custody statute with that type of language.

    Michigan's parenting time guidelines indicate,
    Quote:

    Quoting Time for Parenting Time Exchange
    An exact time for exchange should be established and agreed upon by all parties. Neither parent should do anything to inconvenience the other in the exchange of the child(ren). Arriving late by no more than 30 minutes may be acceptable in exceptional circumstances, but should never become the norm. A parent should be late, only when a legitimate, unavoidable, reason exists for being late. A parent who anticipates being late should contact the other parent as soon as possible.

    Additionally, a parent should not be early for parenting time as this may cause undue disruption for the child(ren) and the other parent.

    That language should help the OP if she attempts to modify the order based upon the father's failure to appear for exchanges without prior notice, or cancellation of visits for some or all of the children, but it is not a basis to ignore the court's order.
  • 01-16-2016, 06:00 PM
    jk
    Re: My Rights to Refuse Visitation
    It was in the state parenting guidelines which the court did enforce. In the orde, i can't recite specific verbiage, but the guidelines were included by reference

    I might be wrong that it was in the guidelines. I cruised them pretty quickly and didn't see it. Maybe it was a specific requirement in the order.


    But tonight's date night with the Mrs so I'll have to come back to this later. She wouldn't be happy if I ignored her tonight.
  • 01-16-2016, 10:01 PM
    Mercy&Grace
    Re: My Rights to Refuse Visitation
    Dogmatique, my first thought when I read this was mom had a date or other plans where she couldn't take the children, but I may be wrong.
  • 01-17-2016, 06:42 PM
    jk
    Re: My Rights to Refuse Visitation
    Quote:

    Quoting Mr. Knowitall
    View Post
    Are you talking about a statute? Or is this something that is in parenting time guidelines, and thus typically incorporated into custody orders even though it's not required by law? If it's a statute, please identify the state as I would like to see the statute -- I've never encountered a custody statute with that type ofr.

    knox county Ohio parenting guidelines page 4

    http://www.co.knox.oh.us/offices/coc...20SCHEDULE.pdf

    moose: from what mr k posted Michigan does not have a hard time cutoff. If this is a regular problem all you can do is ask the courts to impose some cut off time that if he does not pick up the children by some certain time or an agreed upon temporary adjustment.
  • 01-17-2016, 06:42 PM
    Dogmatique
    Re: My Rights to Refuse Visitation
    Quote:

    Quoting mooseandsquirrelsgirl
    View Post
    0k I'm going to try and explain it all here. I have three children with my ex husband. the children are 4,5, and 6 . I ask the question because my ex does not tell me he's not taking the children until last minute. I basically feel like I am not allowed to make any plans until last minute because I never know if I'm going to have to drop everything and meet him to exchange the children. I have friends who live out of town up to a 2 1/2 hour drive away from where I live. I feel that I cannot make any plans because my ex is very inconsistent with his visits and when he is going to take the kids. I have no issue bringing my children with me to my friends houses when i go out of town, its the issue of having made plans and last minute he tells me... "i'm not taking them until Saturday" and there go my out of town weekend plans because i have to drive all the way back into town to drop them off/meet him. I've tried to tell him and work with him as to when I'm going out of town and he's the one who intentionally screwed with my schedule, so I stopped telling him and yes, it's still very inconsistent like I expected only now he cant just target those weeknds. I can assure you that I am not on a power trip with my children. I want my children to spend time with their father because it is important to them to spend time with him. I have not brought guys around my kids since my divorce nor have i been in a serious relationship and I'm okay with that. my children always have come first and continue to come first. I'm not wanting to push my kids off on him to go out on dates or have weekend getaways or anything of the sorts. I have my own outlets for babysitters when I need some time to myself and I do NOT see my children's father as a babysitter so i can go out and party or mess around, I'm not that kind of person. I guess I just want my ex to be a dad to his children and for them to want to spend time with him I love spending time with my children and taking them along with me to places. My children hate going to their dads to the point they scream and cry about going, yet i continue to encourage them to go. The reason I'd rather him take the kids all at once is because how inconsistent he is with taking the kids that way all the kids get to see him without going weeks or a month without seeing him and I feel that with them not going there consistently makes the kids not want to go there even more and it breaks my heart that my kids don't like to go to their dads and spend time with him. I know I cannot force him to take the kids I just wish he would want to take the kids and be a real dad to the kids other than a drop in daddy once or twice a month for one night. Yes, he has taken ONE child for a night then gone 2 months without seeing any of the kids..when he had four weeks in the summer to take the children, he refused to take any of them over the course of the summer because he was just too busy. I will mention that he lives with his girlfriend who he has had two new children with over the past two years and she also has a few children of her own. now, I know that is a lot of kids that he helps care for, but that is not my children's fault that he decided to lay down and have more children with another woman. I will also mention that during his affair with the girl he is with now he emotionally and verbally abused me and continues to this day to verbally abuse me and blame me for any and everything that he can.

    now i can guess what might be targeted next about why would i want to deny him the visits if I want him to take the kids and spend time with them.. Honestly I'd rather he take the kids so they get time with him, but when it comes down to it , i'm tired of the games he plays with not wanting to utilize his parenting time and make things difficult for me and the kids.. he works mon-friday and gets out before our children get out of school..yes there are times he has overtime, and i understand that, but he's lied many times about it and i've found out that he just had something more appealing than taking the children..for example going to a casino with his girlfriend for the weekend..

    Also as to refer back to the first person who commented on this thread..I'm not being petty I have tried to work with my ex on multiple occasions and I'm fed up with all the crap he's put my children through and the run around. I wouldn't have come here to ask for information if I'm just trying to start stuff with my ex..I've put up with enough of it and I'm ready to take some sort of action with the courts, but i wanted to get some real answers on some questions, so NO i wont do whatever I want, I came HERE for help not to just do whatever. I guess maybe I should have explained some stuff,but I didn't think I would get immature responses from people who offer free legal advice to people who are seeking help. I guess I thought wrong about everyone having an open mind and seeing it from a different prospective without assuming the worst of the poster.

    Wow. All of that, and you're still talking about yourself. Seriously - as an assignment, go back and underline just how many times you wrote the words "I" and "my".
  • 01-17-2016, 07:22 PM
    Mr. Knowitall
    Re: My Rights to Refuse Visitation
    Quote:

    Quoting jk
    View Post
    knox county Ohio parenting guidelines page 4

    http://www.co.knox.oh.us/offices/coc...20SCHEDULE.pdf

    So it's a local court's practice for all cases where something different is not specified in the custody order, but not something defined or required by statute.
  • 01-17-2016, 07:43 PM
    jk
    Re: My Rights to Refuse Visitation
    Quote:

    Quoting Mr. Knowitall
    View Post
    So it's a local court's practice for all cases where something different is not specified in the custody order, but not something defined or required by statute.

    I don't know if any other counties follow that rule. I didn't check. As I said I didn't see it in a quick look through the state guidelines but that doesn't mean I didn't miss it.

    I have knowledge of only one case in that county. There was no other verbiage in the order to countermand that rule. Whether there is typically I cannot say.
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