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  1. #1
    Join Date
    Sep 2015
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    5

    Default What to Do if the Other Parent Doesn't Show Up for Visits

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

    I am a single father of a 4 year old girl. Her mother and I were never married. I have always taken care of the 4 year old, she has always lived with only me while the mother does whatever she wants to do. At the most, she would see our daughter once a month for about an hour, at a time of her choosing. Recently, I filed a paternity case, was recognized as the father, and was awarded sole legal and physical custody of our daughter. Her mother was awarded reasonable visits which turned out to be every other weekend from 6pm Friday to 6pm Sunday. This is about the first week the order has been in place. She did not show up yesterday at all when it was her weekend. Can she then show up any time Friday, Saturday, or Sunday? The way I understand it to be is she has to let me know 24 hours in advance that she will be late or wants to come on Saturday? Or 48 hours in advance that she isn't going to show up at all. So if she is not here by 6pm to pick up our daughter is she done for the weekend so I do not have to wait around the house all day for her to most likely not show up? Any insight would be amazing since my lawyer is about a jackass. Below is a quote from the order of the parenting plan..

    "At least 24 hour notice of any schedule change shall be given to the other parent, and the parent requesting a change shall be responsible for any additional care that results from the change."

    " In the event either shall not be able to exercise visitation with the minor child as both parties pre-arranged by the parties hereto, he or she shall give the other advance notice of at least forty-eight (48) hours; and the parties shall agree as to a comparable substitute visitation period to be afforded by the other party."
    So again my question would be:
    If she doesn't let me know in advance she will be late or not come at all, do I need to wait around the house all day or does that make her weekend cancel out because she didn't follow the order of visitation?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Custodial Parent Doesnt Show Up. Whats My Rights

    It's not an "either or" situation. You do not need to wait around the house all day, but you do need to communicate with mom to let her know that you will not be home and where she can pick up the child. You might want to send her a text that says something like this:

    "You were not here to pick up the child. I am running errands and if you decide you do want to see her call me and I will meet you somewhere."

  3. #3
    Join Date
    Sep 2015
    Posts
    5

    Default Re: Custodial Parent Doesnt Show Up. Whats My Rights

    Ok that sounds good. So the stipulations that she must give me 24 hour notice if there is going to be a change of plans and she wont be there at 6pm on Friday really means nothing? Because the way I understand it seems that if she does not tell me she isn't coming Friday then she cannot come Saturday because she isn't following the parenting plan?

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Custodial Parent Doesnt Show Up. Whats My Rights

    Being late is not the same thing as cancelling or rescheduling visitation.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Custodial Parent Doesnt Show Up. Whats My Rights

    Quote Quoting cisvrre
    View Post
    Ok that sounds good. So the stipulations that she must give me 24 hour notice if there is going to be a change of plans and she wont be there at 6pm on Friday really means nothing? Because the way I understand it seems that if she does not tell me she isn't coming Friday then she cannot come Saturday because she isn't following the parenting plan?
    Unless the order specifically states that she forfeits the visitation if she doesn't give you 24 hour notice it would be dangerous to attempt to deny her time.

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