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kaywish · Sep 11, 2010, 02:57 PM

My son's father has an incarceration order out on him for failure to pay child support. He is dodging the sheriffs and the police. So, my question is since he is dodging law enforcement and his this incarceration order on him then am I obligated to take my son to see his father on his court ordered visitation? I don't think it is fair for me to continue to take my son to his father and his father is willfully evading the police so that he doesn't have to pay child support.

Fr_Chuck · Sep 11, 2010, 03:10 PM

He is a wanted person, will assume you mean there is a warrant for his arrest. If he is going to be there, merely tell the police where he is at and when he is going to be there.

Funny that you know when and where he is, where he lives but the police can't pick him up?

But if there is a real warrant for his arrest, I see no reason you are obligated to take your son there.

cdad · Sep 11, 2010, 03:10 PM

Is there a visitation order already?

ScottGem · Sep 11, 2010, 03:33 PM

Has he requested visitation? If not, what makes you think he would be there? Also how is he going to complain if you don't?

If he did request the visitation, then you simply call he police and report that he will be in such and such a place at such and such a time.

kaywish · Sep 16, 2010, 05:24 PM

Ok, I have posted before so here I go again. I tried to have the police meet me when I and my son's father meet for him to pick up my child but he saw the police and never came. I suspect he will not come back. Instead he will send his mother or father to pick up my son (he is 31 years old and still lives with his parents). Does anyone know, since me trying to have the cops pick him up is not working, am I doing anything wrong if I refuse for my son to continue to go over there for the court order visitation since he has a warrant out for his arrest for failure to pay child support. I am asking this because I want to cover my tracks just in case he is stupid enough to try to file for a contempt charge on me.

cdad · Sep 16, 2010, 05:49 PM

He can file contempt charges on you and since you would be in contempt then he won't be the only one headed for jail. Child support and visitation are completely separate.

Fr_Chuck · Sep 16, 2010, 06:14 PM

Please do not start a new thread to merely add more info. You need to "answer" your own question to add the additional info.

ScottGem · Sep 17, 2010, 03:50 AM

Because you started a new thread rather than adding to your previous post, Califdad did not have the whole story.
That's why you should keep the thread together. The two posts have now been merged for you.

Well the police screwed up by making their presence known. Check your visitation order. If the visitation is solely in his name, then you do not have to turn the child over to his parents.

This is a quirk in the law. You do have to make your child available for court ordered visits otherwise you will be in contempt. But, he can't file a complaint against you without going to court, where he would be arrested.

His parents may try to get visitation for themselves but that would be a different matter.

AK lawyer · Sep 17, 2010, 07:01 AM

Originally Posted by kaywish

... Does anyone know, ... am I doing anything wrong if I refuse for my son to continue to go over there for the court order visitation since he has a warrant out for his arrest ...

Yes, you are. You are required to bring your child for visitation. The fact that there is an arrest warrant doesn't change that.

But it can be spun either way: you arranged to have him arrested because you didn't want to bother with visitation; or you didn't bring the child to the scheduled visitation because you didn't want to put him through the trauma of seeing his father arrested. Which is the truth?

ScottGem · Sep 17, 2010, 07:33 AM

Originally Posted by AK lawyer

Yes, you are. You are required to bring your child for visitation. The fact that there is an arrest warrant doesn't change that.

We don't know the exact wording of the visitation order. And that is key here. We don't know whether the OP is required to bring the child to the father or how the turnover is supposed to be affected. The visitation order may not require her to turn the child over to anyone but the father. The only fact is that the OP is required to adhere to the visitation order, but without knowing the exact terms of that order we don't know what she has to do to comply.

AK lawyer · Sep 17, 2010, 08:21 AM

Originally Posted by ScottGem

We don't know the exact wording of the visitation order. And that is key here. We don't know whether the OP is required to bring the child to the father or ...

We do know that: She asks "am I obligated to take my son to see his father on his court ordered visitation?". This question clearly implies that

there is a visitation order
it says she is to bring the child to his father.

I agree, we don't know more details including

how the turnover is supposed to be affected
Whether the visitation order requires her to turn the child over to anyone but the father.