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  1. #1

    Default Visitation and Custody when Safety Becomes an Issue

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

    My child went for a visit to NCP’s (father) house this weekend. Visits have been sporadic the past 3 years. The schedule we have set by the court is Saturday at 2 until Sunday at 2 every other weekend. The past three years NCP has asked for Sunday’s noon to 5. It has not been every other Sunday, about once every six months NCP will call to visit. This past visit our 10 year old son reported that alcohol and cigarettes were offered to him multiple times by NCP which then made him feel very uncomfortable. The relationship is already strained due to NCP’s inconsistency. I have already contacted CPS and they began investigating yesterday. Is there anything else I should be doing. Thanks.

  2. #2
    Join Date
    Oct 2016
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    3,344

    Default Re: Visitation and Custody when Safety Becomes an Issue

    How old is the child?

  3. #3

    Default Re: Visitation and Custody when Safety Becomes an Issue

    He is 10 1/2.

  4. #4
    Join Date
    Oct 2016
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    3,344

    Default Re: Visitation and Custody when Safety Becomes an Issue

    Well, I'd let CPS investigate.

  5. #5

    Default Re: Visitation and Custody when Safety Becomes an Issue

    If the father calls do we go about visitation as usual? Court order from 6 years ago states that father should complete parenting classes. He did not. Is this something I should bring up, seems he may need it.

  6. #6
    Join Date
    Jul 2018
    Posts
    1,785

    Default Re: Visitation and Custody when Safety Becomes an Issue

    What response did you receive when you spoke with your child's father about the child's allegation?

    Quote Quoting eel11813
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    If the father calls do we go about visitation as usual? Court order from 6 years ago states that father should complete parenting classes. He did not. Is this something I should bring up
    These are not questions anyone other than you can answer. However, denying court-ordered visitation would put you in jeopardy of being held in contempt of court.

  7. #7
    Join Date
    Oct 2006
    Posts
    15,739

    Default Re: Visitation and Custody when Safety Becomes an Issue

    Quote Quoting pg1067
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    What response did you receive when you spoke with your child's father about the child's allegation?



    These are not questions anyone other than you can answer. However, denying court-ordered visitation would put you in jeopardy of being held in contempt of court.
    While I agree, the allegations that the dad is offering the child alcohol and cigarettes are very serious. The child could be yanked from mom by CPS for failure to protect.

    So mom has to decide what is potentially worse. Personally, in this scenario I would probably risk the contempt before risking failure to protect. Its honestly a no win situation but having the child put in foster care because I failed to protect would be worse in my opinion.

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