What kind of visitation will bio dad get?

[angeleque73]

What is the name of your state? Florida\

Here is the problem. I went to court in August 05 for child support, bio dad asked for visitation. Judge ordered reasonable visitation. He got my son every other weekend until he went to jail in Oct 05 for a drug possession charge. Bio dad went to court in Jan and was ordered 2 years felony probation. Now he is taking me to court to get his child support lowered and I know he is going to bring up his visitation. He calls maybe twice in three months to get my son. I don't think it's fair that he comes in and out of my son's life. What kind of visitation do you think he will get when we go to court in a couple of weeks? Thanks for the help in advance

 

[BelizeBreeze]

Whether you think it's fair or not is irrelevant.

Visitation is a RIGHT, not an obligation. If you need to, have the court add language into the order requiring notice from dad 48 hours before he exercises visitation and if he hasn't shown up within 12 hours of the time he is to exercise his visitation (usually 5 p.m. on Friday before the weekend) then he has effectively relinquished his rights for that weekend.

 

[nicetryadmin]

What is the name of your state? Florida\

Here is the problem. I went to court in August 05 for child support, bio dad asked for visitation. Judge ordered reasonable visitation. He got my son every other weekend until he went to jail in Oct 05 for a drug possession charge. Bio dad went to court in Jan and was ordered 2 years felony probation. Now he is taking me to court to get his child support lowered and I know he is going to bring up his visitation. He calls maybe twice in three months to get my son. I don't think it's fair that he comes in and out of my son's life. What kind of visitation do you think he will get when we go to court in a couple of weeks? Thanks for the help in advance

So is the visitation order still in effect or was it changed BY A JUDGE when he went to jail? It's unclear whether or not anything legally changed.

 

[nicetryadmin]

Whether you think it's fair or not is irrelevant.

Visitation is a RIGHT, not an obligation. If you need to, have the court add language into the order requiring notice from dad 48 hours before he exercises visitation and if he hasn't shown up within 12 hours of the time he is to exercise his visitation (usually 5 p.m. on Friday before the weekend) then he has effectively relinquished his rights for that weekend.

Wow...12 hours. Isn't it presumed that if the parent didn't show up that they forfeit their entire visitation period??

 

[angeleque73]

So is the visitation order still in effect or was it changed BY A JUDGE when he went to jail? It's unclear whether or not anything legally changed.

No it was never changed when he went to jail. I just figured since he never called to get my son he didn't want to have his visitation. I don't call him for him to get my son. I know that I can't keep my son from him, but if he doesn't call, I don't worry about him getting him.

 

[angeleque73]

Whether you think it's fair or not is irrelevant.

Visitation is a RIGHT, not an obligation. If you need to, have the court add language into the order requiring notice from dad 48 hours before he exercises visitation and if he hasn't shown up within 12 hours of the time he is to exercise his visitation (usually 5 p.m. on Friday before the weekend) then he has effectively relinquished his rights for that weekend.

There was never a set time or place for bio dad to pick up my son. The only thing it says in the court order is "reasonable visitation". So, I wait for him to call. If he doesn't call, I don't call him.

 

[nicetryadmin]

No it was never changed when he went to jail. I just figured since he never called to get my son he didn't want to have his visitation. I don't call him for him to get my son. I know that I can't keep my son from him, but if he doesn't call, I don't worry about him getting him.

Then this would be the time to clarify your visitation order to add times (day/time to day/time)...24/48 hour notice for cancellation...20-minute waiting window...etc. You should also check your local court (that has jurisdiction) to see if they have a visitation schedule for those parents that don't agree (is that sked possibly in effect??). You could always ask the court order that as a modified sked.

 

[casa]

What is the name of your state? Florida\

Here is the problem. I went to court in August 05 for child support, bio dad asked for visitation. Judge ordered reasonable visitation. He got my son every other weekend until he went to jail in Oct 05 for a drug possession charge. Bio dad went to court in Jan and was ordered 2 years felony probation. Now he is taking me to court to get his child support lowered and I know he is going to bring up his visitation. He calls maybe twice in three months to get my son. I don't think it's fair that he comes in and out of my son's life. What kind of visitation do you think he will get when we go to court in a couple of weeks? Thanks for the help in advance

The problem with wording such as "reasonable visitation"...is that one wonders "Reasonable to whom?" Since there is no time/days outlined in the order, then technically you are not in contempt for denying visitation, which you don't deem 'reasonable'.

However, you seem to have missed the most important issue: Dad got arrested for felony drug possession. I would be asking the courts to order him to attend re-hab, drug testing &/or supervised visitation to ensure your child is safe when he is with Dad. That's a serious charge which could be indicative of a drug problem.

 

[casa]

Wow...12 hours. Isn't it presumed that if the parent didn't show up that they forfeit their entire visitation period??

No that is not presumed at all...and in many cases the entire visitation period is 'open' for the NCP to show up for visitation. When this becomes a problem, a parent can petition the court to amend the court order to reflect a window of time (30 mins as an example) in which the NCP can show up or then forfeit visitation. A parent cannot simply decide the other parent 'forfeits' unless/until there is a clear outline for that in their court order.

12 or 24 or 48 hours notice is common in orders which state "reasonable visitation".

 

[angeleque73]

Whether you think it's fair or not is irrelevant.

Visitation is a RIGHT, not an obligation. If you need to, have the court add language into the order requiring notice from dad 48 hours before he exercises visitation and if he hasn't shown up within 12 hours of the time he is to exercise his visitation (usually 5 p.m. on Friday before the weekend) then he has effectively relinquished his rights for that weekend.

We never had a set visitation. When he does call, he usually calls on a Friday night, drunk, and wants to get my son on Saturday afternoon.

 

[BelizeBreeze]

We never had a set visitation. When he does call, he usually calls on a Friday night, drunk, and wants to get my son on Saturday afternoon.

and if you can prove that to the satisfaction of the court it MAY have a bearing on HOW MUCH visitation or the FORM of visitation for a limited time. However, it does not control IF he gets visitation.

These are all matters for mediation or the court to decide.

 

[Ohiogal]

We never had a set visitation. When he does call, he usually calls on a Friday night, drunk, and wants to get my son on Saturday afternoon.

Prove he is drunk. And him being drunk on a Friday doesn't mean anything if he shows up on Saturday. And if he is drunk on Saturday you BETTER be able to prove that as well before denying visitation. Basically the difficulty is you can't just say he is drunk and you can't just say that is under the influence for visitation -- you have to prove it.

 

[ceara19]

Prove he is drunk. And him being drunk on a Friday doesn't mean anything if he shows up on Saturday. And if he is drunk on Saturday you BETTER be able to prove that as well before denying visitation. Basically the difficulty is you can't just say he is drunk and you can't just say that is under the influence for visitation -- you have to prove it.

Plus, if you think he's drunk when he comes to pick up the kids, call the police. If he IS drunk, they can arrest him for public intoxication. Then you'll have your proof.

 

[Ohiogal]

Plus, if you think he's drunk when he comes to pick up the kids, call the police. If he IS drunk, they can arrest him for public intoxication. Then you'll have your proof.

However the risk is, if he isn't drunk and is just tired or sloppy (as in dress or demeanor) that would make HER look bad if they go back to court.