I have joint custody and joint residence of my daughter. Father has Tues overnights, every other Thurs overnight and every other weekend until Sunday at 5pm. Is it a violation of visitation rights if on holidays from school and days she is ill to keep her in my custody, even if that night will be his overnight?

So say today, Tuesday, his parenting time started at 7:30am, but typically she is taken to school, but today she is home ill, if I request to keep her until she is feeling better rather than take her out into the weather, here that is slushy, damp, snowy and cold, am I denying visitation rights?

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Originally Posted by Justwantfair

I have joint custody and joint residence of my daughter. Father has Tues overnights, every other Thurs overnight and every other weekend until Sunday at 5pm. Is it a violation of visitation rights if on holidays from school and days she is ill to keep her in my custody, even if that night will be his overnight?

So say today, Tuesday, his parenting time started at 7:30am, but typically she is taken to school, but today she is home ill, if I request to keep her until she is feeling better rather than take her out into the weather, here that is slushy, damp, snowy and cold, am I denying visitation rights?

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Yes that would be denying visitation. But if your both on a good basis then maybe it would be best to suggest a trade. Like extending a weekend from thurs through sun of the following week or something to make up for it. I understand that having a sick child you want to limit exposure but the other parent could also care for them too. So really its up to the both of you to figure it out.

As noted you would be violating the visitation sched. But the father should be sensitive to such tbhings and you should be able to work out a trade or something.

If you can document the illness and he tries to get you for contempt, the courts will probably side with you.

Yes you are in violation and he can demand that he be allowed the child. Now a couple should be willing to work this out, one parent understands child is sick
*** unless other parent says the child is always sick, I have seen that done before***
But then the other parent should be willing to let them have them another night to make up for the missed visit. A extra day for a weekend or something

I wasn't even really requesting the overnight, just that while she is home from school... she stay home and rest not be rushed out in the middle of the day, just check on the status of how she is feeling later in the afternoon. It's not a time loss to his visitation as if she were well she would be in school.

I understand that his time technically starts at 7:30am on Tuesday but if normally she would be in school I don't see the contempt.

No we are not on good terms mostly because if she fell ill at his house I wouldn't be raising a stink about my loss of time, I would just want to talk to her. This just seems like a choice of his interest not the best interest of the child.