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gladmanor · Jun 7, 2007, 08:15 AM

I have full custody of my daughter my ex husband has visitation rights for every other weekend for 24hrs. My question is he recently has had is DL suspended for failure to pay child support and last week he called to say he was "going away to work for months at a time" and that he wouldn't be able to come get her. Then he said his mother would be coming and getting her on his weekend. Do I have to let her go if he isn't even going to be home. I told him I have no problem with his mother getting to come see her but the court order was for HIS visitation not hers, and that my own mother doesn't get to see her every other weekend. I'm trying to find out if I have to let her go with the grandparent on his ordered visitation days.
I'm not really sure if he is really going to be away for work at a month at a time, I think he may just be skipping state because of the warrant that will be issued next month if doesn't pay his arrears. He's telling me he's working but telling the OCSE that he isn't.

Also if he is arrested and jailed what about his visitation rights while he's in jail? We both reside in Arkansas

tawnynkids · Jun 7, 2007, 11:44 PM

We can guess here but your best option is truly just call a local attorney and ask. They will answer questions for free over the phone during a free consult. You can also find out about getting a modification of your current order based on the change of circumstances i.e.. His going away for moths at at time. His "visitation in jail" if any would be with you there for the few minutes they allow visitors, if it is ordered by a Court. But that also would be grounds for modification . I would seek a lawyer ASAP to find out your options and what you can do.

Tootruetooblue · Jun 14, 2007, 02:18 PM

My best guess is that you can suspend the visitation until he is back in town. His mother is not a party to the visitation agreement. But, call your lawyer to make sure that you don't have to file something in court to make that legal. If a judgement for arrears is pending, also advise whomever is responsible for that of his intent to leave the state.

Shell_Lee · Jun 15, 2007, 08:42 AM

As far as I know - you do NOT have to give your child to the grandparent. You only have to give your child to his/her father. It also depends on EXACTLY what the visitation rights were set up as (ie - where is the drop off, who is the drop off with, when is the drop off)