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heatherloveless · Mar 22, 2008, 02:07 PM

I live in western New York in Chautauqua
County. I have two boys with a jerk. I have full custody of both, but I only have set visitation arrangements with my youngest boy. The visitation is supposed to be every other weekend Friday at 5 pm till Sunday at 6 pm with his father. Now on several occasions including this weekend he told me to come pick him up because he had something to do but he wanted him back to finish his weekend visitation. I feel I shouldn't have to give him back, he gave him back to me, so therefore I feel like he has voided the remaining time for this weekend. Am I right, is there a law stating I am correct?

N0help4u · Mar 22, 2008, 02:12 PM

He is suppose to spend his time WITH the kids. Tell him that if that is too much for him to handle then he should reconsider wanting visitations. If he has plans tell him to choose before or after the plans but you are not a chauffeur for his convenience.

ScottGem · Mar 22, 2008, 02:32 PM

The question is really what would the court say if he complained that you were violating the visitation agreement. As long as you adhere to the letter of the agreement you can give more if you want.

So, if he returns the child early but wants him back to complete the scheduled visitation, and you refuse would a judge say you were violating the agreement. In my opinion, I would say no.

macksmom · Mar 22, 2008, 04:10 PM

I agree with Scott... if the father ends his visitation early he couldn't say you violated the order because actually it was him who violated it by not exercising his ordered visitation time.

cdad · Mar 22, 2008, 06:32 PM

Originally Posted by heatherloveless

I live in western New York in Chautauqua
County. I have two boys with a jerk. I have full custody of both, but I only have set visitation arrangements with my youngest boy. The visitation is supposed to be every other weekend Friday at 5 pm till Sunday at 6 pm with his father. Now on several occasions including this weekend he told me to come pick him up because he had something to do but he wanted him back to finish his weekend visitation. I feel I shouldn't have to give him back, he gave him back to me, so therefore I feel like he has voided the remaining time for this weekend. Am I right, is there a law stating I am correct?

Is any of this court ordered or is this just a verbal agreement ? Maybe its time for a change. Put it in writing that his time is ( whatever you 2 agree on ) and if he needs to do something like be on call for a job then he must realize that returning the child / children means exactly that and if he just needs to step out to meet an obligation then he needs to hire a babysitter or find some way to keep the child till his visitation has ended.

N0help4u · Mar 22, 2008, 06:36 PM

Every other weekend Friday at 5 pm till Sunday at 6 pm with his father sounds like court order. Just about every docket I typed said weekend Friday at 5 pm till Sunday at 6 pm.