? for the custodial parents...
i know alot of u have custody of yr SO's kids...if the NCP doesnt exercise all or part of visitation, can he/she be held in contempt and fined?
we dont know where visitation is going to go after court on tuesday, if the judge will order, if they will re-mediate, or if they can finalize the plan rite then. EOW is all we want and all that is feasible rite now for a myriad of reasons, including FHs new work shedule and out of town traveling...in mediation, he was forced to pick a day during the wk even though he said it wouldnt really work...so he was thinking if hes ordered more than EOW, none of which would be overnite so CS wouldnt be affected, he would just tell BM he cant take her during the week. can he do this, or could she hold him in comtempt? some of u have touched on this in my other posts and it seems not but i was just wondering if anyone had experience.
Forfeiting visitation cannot be a contempt charge..
I would rather be hated for who I am, then loved for who I am not.
However,if the NCP goes from having to forfeit occasional visitations to absolute abandonment of the child(taking no visitations or having any communications)action can be taken by the custodial parent
in the form of "Termination of Parental Rights",but this is often only allowed if there is a stepparent willing to adopt the child. The scheduled visitations are court ordered, thus if the custodial parent withholds or interferes with the court ordered scheduled visitations, the custodial parent can be charged with contempt....however, the visitations are court ordered as a safety net for the N.C.P., and if the N.C.P. cannot exercise certain visitations, then that is nothing more than lost visitation on the NCP'S part. Also note that the CP is in no way obligated to reschedule or let the NCP have a "make up visitation" for the forfeited visitation, they are only obligated to what is court ordered.
in this case
it would really be just not doing a weekday visitation for what would amount to less than 2 hrs, and keeping to EOW only...by the time we would get off work and get her to the time she would go home bc she needs to be in bed it just isnt worth dealing w all the bs from BM. especially when he has overtime for his new position or goes out of town for training. and we dont want to have to call BM and say, hey stuck at work, cant pick her up bc thats not fair to BM either, not to mention we are trying to limit communication. thanks for the info!
DH has had to forfeit visitations due to job as well,
I would rather be hated for who I am, then loved for who I am not.
Sometimes visitations just cannot be taken, and gas prices are not going to help any NCP who has to travel any great distance to and from all pickups and dropoffs( no half way exchanges). The point being, no matter the reason, if visitation cannot be exercised than it cannot be exercised, but if you have a psycho bm like we do, document each and every visitation forfeited, the reason why and every visitation taken, and especially every visitation withheld. Just a little C.Y.A. advice...never know when you may need it.
thats kinda what i thought
and like i said he would not be forfeiting all visitation. basically he was bullied into more than we can reasonably have due to the situation w BM to begin w, then put the new job and extra hours on top of it and its REALLY not feasible. EOW is what alot of people have and its all we want and im really sick of the courts here not recognizing that and making us look like the bad guys, especially when BM is in agreement.