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kieramonae · Jan 10, 2011, 02:26 PM

My son's father and I share equal custody. My child lives with me full time and goes with his dad every 1st, 3rd, and 5th weekend of the month. However when it's time for child to go with dad he never calls and never picks up the phone. This has gone on for about 2months. Now he called and said hey can I get him for a week. I'm like OK whatever I would never keep my child from seeing his father. Child has been gone 5 days now and I keep calling to check up on him but dad won't pick up the phone. I called from anonymous number and he picked up but then disconnected once he found out it was me. What legal steps should I take from here because he is definitely abusing his rights?
*we are in Georgia

Fr_Chuck · Jan 10, 2011, 02:31 PM

I do not see where he is abusing his rights, is there something in the custody agreement that states he has to talk to you on the phone ? Is there a statement that you are to call the child ? ** and how old is the child, can the child merely call you ?

Next you can not force the father to use his visits, he can miss them if he wishes to.

You did not have to allow the father to have a week, but merely use his weekends.

So unless you can state something from the custody order he has violated, I see no abuse of rights, I see him being a ******, but not illegal to be that.

kieramonae · Jan 10, 2011, 03:08 PM

My child is 18 months old. So your saying that I can be punished for not allowing him the weekend visits but he can neglect his weekend duties with no repercussions even though it's court ordered?

Fr_Chuck · Jan 10, 2011, 03:29 PM

He is not ordered to take the child those days, he is allowed to take him, there is no punishment for not using them,

If after many months, of not using them, you can take him back to court and ask for his visits to be modified to have less due to his lack of use.

ScottGem · Jan 10, 2011, 04:22 PM

When was he supposed to return the child? What were the arrangements?