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  1. #1
    Join Date
    Oct 2011
    Posts
    3

    Default Non Custodial Parent Holiday Visitation Transportation Problems

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

    My husband's son lives in SC; and we live in Texas; he is 12 and we were granted a holiday visitation schedule unfortunately it does not address transportation to Texas in the schedule. The mother is refusing to allow the 12 year old to fly on a non-stop flight. The child is excited to fly and actually flew this summer w/o her knowledge.

    Since the visitation order does not address this specifically. It states that we get him from the Friday the winter break starts to the 26th every other year. The visitation order also states we must pursue mediation before modification.

    Can she legally prevent the grandparents from picking him up to put him on a plane to Texas? What are our rights since it may be impossible to get a modification done before Christmas. Would she be in contempt for not giving him to the grandparents?

    Kay

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Non Custodial Parent Holiday Visitation Transportation Problems

    The order says nothing about who is responsible for pick up and drop off?

    If that's the case, Mom doesn't have to hand kiddo over to the grandparents (or anyone except Dad, for that matter). And if she doesn't, it's 50/50 whether or not she'll be found in contempt. Even if she is, she'd likely get a slap on the wrist, be told not to do it again and probably be advised to go back to court to clarify who does what and when.

    Dad is free to file to modify (or mediate), but the matter likely won't be solved before Christmas.

    He should file anyway, because it clearly does need to be specified.

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