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  1. #1
    Join Date
    Oct 2013
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    Default Can the Custodial Parent Refuse Visitation if Only a Stepparent Will be Present

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

    My husband has recently become an over the road truck driver with a Monday thru Friday route. His visitation with his daughter is Wednsdays and every other weekend. When he is out of town, his daughter is in my care. The mother of my step daughter is now saying that because he will never be there on Wednsdays that she is not going to allow my step daughter to come over during the week any longer. Is this a violation of the court order for parenting time, or does she have the right to refuse that visitation since he won't be there?

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Can the Custodial Parent Refuse Visitation if Only a Stepparent Will be Present

    Quote Quoting wolfden
    View Post
    My question involves a child custody case from the State of: Ohio

    My husband has recently become an over the road truck driver with a Monday thru Friday route. His visitation with his daughter is Wednsdays and every other weekend. When he is out of town, his daughter is in my care. The mother of my step daughter is now saying that because he will never be there on Wednsdays that she is not going to allow my step daughter to come over during the week any longer. Is this a violation of the court order for parenting time, or does she have the right to refuse that visitation since he won't be there?
    She has the right to refuse since he will not be there at all. There is no court order for you to have visitation. There is a court order for her father to have visitation. You are not her father.

  3. #3
    Join Date
    Oct 2013
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    3

    Default Re: Can the Custodial Parent Refuse Visitation if Only a Stepparent Will be Present

    Does she have to go to court to get it ammended, or can she just say her daughter isn't coming today? And does it matter that it isn't just visitation with me, it is visitation with her half sister as well? I have read in other thread that the non-custodial parent can do what they want with their parenting time, including getting babysitters for that time. I don't know if it makes a difference though that it will be happening all the time, vs just occationally. Do I have any rights extended to me thru our marriage?

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Can the Custodial Parent Refuse Visitation if Only a Stepparent Will be Present

    Technically she should get the order amended. But it's one thing getting a babysitter - it's another thing entirely if the NCP isn't going to be present at all during the parenting time and I can't see any judge arguing in Dad's favor.

    You have no rights at all except those granted to you by Dad, but this does not apply to your situation. If Dad is going to be missing from visitation long term, Mom may well simply take him back to court to reduce his parenting time completely.

  5. #5
    Join Date
    Sep 2013
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    244

    Default Re: Can the Custodial Parent Refuse Visitation if Only a Stepparent Will be Present

    suggest step-mom to have minimal interaction concerning this subject matter unless a court order shows she actually has rights concerning this subject matter .. will only make things worse.

  6. #6
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Can the Custodial Parent Refuse Visitation if Only a Stepparent Will be Present

    I wonder if there is right of first refusal? If so, no amendment is necessary, but I'm not even sure if there isn't one, one would be needed. Dad is NEVER available on Wednesdays and we can assume he wouldn't even be picking up the child.

    OP, you have no rights either alone or through marriage. Neither does your child. How old is your child, anyway?

  7. #7
    Join Date
    Oct 2013
    Posts
    3

    Default Re: Can the Custodial Parent Refuse Visitation if Only a Stepparent Will be Present

    She is only 18 months.

    - - - Updated - - -

    She is only 18 months

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