Ex will be out of tow

[Serenity2009]

What is the name of your state (only U.S. law)? NY

I tried to find information in past posts but I could not find anything. My ex will be out of town for his weekend and does not want our son to stay home, instead he wants his parents to take his visitation.

Here's my problem. He stated in a recent petition that his parents can not provide transportation (part of our CO is that his family provides or supervises transportation) as they are to old and infirm. If they are that bad off how can they handle a three year old with special needs for an entire weekend?

I offered a few "make up visits" hoping to dissuade him from pushing the matter. He stated he would rather loose time with our son then allow me an extra weekend.

If I refuse to allow his parents to have the visit is it a violation even though he will not be in town for the weekend?

 

[dannyt]

no

What is the name of your state (only U.S. law)? NY

I tried to find information in past posts but I could not find anything. My ex will be out of town for his weekend and does not want our son to stay home, instead he wants his parents to take his visitation.

Here's my problem. He stated in a recent petition that his parents can not provide transportation (part of our CO is that his family provides or supervises transportation) as they are to old and infirm. If they are that bad off how can they handle a three year old with special needs for an entire weekend?

I offered a few "make up visits" hoping to dissuade him from pushing the matter. He stated he would rather loose time with our son then allow me an extra weekend.

If I refuse to allow his parents to have the visit is it a violation even though he will not be in town for the weekend?

no it wont. dad cannot give his vistation rights to his parents or anyone else.

 

[Isis1]

Is the ex planning to pick up the child then drop off at his parents? Or expectng his parents to pick up?

 

[Serenity2009]

His parents will pick up, he will already be out of town

 

[LdiJ]

His parents will pick up, he will already be out of town

Then no, you do not have to allow them to exercise his visitation.

 

[liandrajade]

1st, does your CO make any mention whatsoever about grandparents at all? and do you have anything in writing at all that he is NOT going to be around that weekend?

I would say also that you do not have to allow your child to be with his parents especially since he WILL NOT be there at all. He cannot give his time to anyone, my ex has a visitation order also here in NY, his visitation time IS NOT transferable nor is it your fault he chooses to not exercise his visitation time.

Now, possibly he may argue that he can do what he wants with his child on time that is legally assigned to him BUT in the same token you can make the argument he is voluntarily relinquishing his time for personal pursuits and that his parents can see their grandchild on his time WHEN HE IS ACTUALLY with his child.

what does your visitation order state specifically?