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er1953
Dec 26, 2009, 06:56 AM
Is a mother who is constantly talking or harassing a father for 15 to 30 minutes before he gets his two hour court ordered visitation with his child violating the agreement? She will not let him make up the time after she is done with her babbling.

ScottGem
Dec 26, 2009, 07:11 AM
Where is the visit? Does he get to take the child from the house? If so, the clock starts when he gets the child.

er1953
Dec 26, 2009, 07:16 AM
He brings the child back to his home. It is about a 10 minutes ride.

er1953
Dec 26, 2009, 07:33 AM
Where is the visit? Does he get to take the child from the house? If so, the clock starts when he gets the child.

He takes the child back to his house. Is this rule the same all over the USA? He lives in long island, NY. Are you a lawyer or have you gone through this same problem? Thanks for your help!

ScottGem
Dec 26, 2009, 07:41 AM
I don't believe that this is codified anywhere. Something like this would not be. But I am 95% sure that a Family Court would see it that way.

I would turn to the mother as he walks out the door and say to her that it is 12:00 (or whatever), I will return the child by 2:00. Then continue towards his car.

If the mother says no, you got here at 11:45 so the child needs to be back by 1:45 just iognore her.

If she thinks he is violating the court order by returning the child at 2:00 let her take him to court.

cdad
Dec 26, 2009, 09:14 AM
Another thing is he may need to go back to court and request a nuetral drop off point so he doesn't nor the child have to listen to the abuse.

Fr_Chuck
Dec 26, 2009, 02:29 PM
Well first he needs to go back to get a longer visit, this is not proper time or visit for a child, and courts are giving the father so much more now adays.

Next he needs to arrange perhaps for a third party to pick up the child, since it is bad on the child to hear these things.
And if he has a record of her doing this, he may use it also to get longer visits and to meet at a neutral place perhaps to pick up child, I prefer if they meet at a fire house or a plice station to exchange children, never the home of the other. That is just a disaster waiting to happen

ScottGem
Dec 26, 2009, 03:02 PM
Califdad and Chuck have made good suggestions. I would definitely recommend pursuing them. But not in court, at least not yet.

My reasoning here is to avoid taking the mother to court if possible. Let the mother initiate it. If the mother goes to court complaining that the father is keeping the child past his time when he doesn't, she will look foolish.

asking
Dec 26, 2009, 03:14 PM
I agree with everyone here. If you are picking up the child, make sure to arrive at exactly the time when the child is supposed to be ready to be picked up. Do not engage in conversation. If the child is not ready, go and sit in your car or somewhere outside until she brings the child to the front door and says the child is ready. Then take the child and go. Pick up and drop off are NOT the time for parent conversation anyway.

Obviously, if there's something simple to say, like the child has not had a nap and needs one, she's allowed to say that, or you are. But a minute should be the usual maximum, if that.