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Missing court ordered visitation

Posted by on Jan. 5, 2012 at 2:16 PM
  • 7 Replies
When in court for full custody my sons father requested visitation. He has seen my son 10 times in 4.5 years. He was actually awarded 4 hours on weekends or 3 hours m-f. He gets the choice of what day he wants him once a week and I have to comply. So the judge set up the first two dates. He showed to the first date and took him and then my son was in the hospital for the second visit and never came to see him. So now he was suppose to have two more visits since then and hasn't set up dates or anything. He was suppose to send my lawyer the dates for January by December 31st and still hasn't. My lawyer has contacted his lawyer multiple times asking for the dates and haven't heard back from him or his lawyer. I refuse to text him and ask him when he coming to see his son. My lawyer told me that I can't get in trouble for it either. We don't have court for custody again till march. I am hoping that if he keeps this up that I will be awarded full custody with I hope no visitation on his part. It is confusing for my son to have this man come in and out like this. His father has zero family also. The judge told him that he better make every visit and that there is no excuses for missing them since he was asking for them. Has anyone ever had this happen? We're you or they awarded custody?
by on Jan. 5, 2012 at 2:16 PM
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Replies (1-7):
krisnkids
by Gold Member on Jan. 5, 2012 at 2:20 PM

I'd imagine that you will get physical custody with sharing legal custody.  Dad will get visitation, but not as much as he was asking for.

tyfry7496
by on Jan. 5, 2012 at 3:27 PM
There is nothing that can be done, no one can force a person to be a parent. Their rights won't be terminated, they won't go to jail. It's their loss.
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faerie75
by Ruby Member on Jan. 5, 2012 at 4:32 PM
If he's not active then I can see wanting sole custody but that is his father regardless of your personal opinion of him. Id let him see his dad if his dad asks.
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Robsessed98
by on Jan. 5, 2012 at 5:15 PM
1 mom liked this

Totally agree.  It may be confusing to him to see his dad only once in a while, but it would be more confusing to never see him again.  Just don't tell him when he dad schedules the visits so if he doesn't show your child won't know.

Quoting faerie75:

If he's not active then I can see wanting sole custody but that is his father regardless of your personal opinion of him. Id let him see his dad if his dad asks.


Jennyanne322
by Bronze Member on Jan. 5, 2012 at 5:57 PM
Quoting Robsessed98:



I have never prevented him from seeing his son. I want full custody so I make all decisions on my own without consulting his father. Right now I have to okay school, anything medical, religion, leaving the country or state for vacation with him. He doesn't answer my texts or phone calls in a timely manner ever. I told him his son was rushed to the hospital and he didn't get back to me till 6 hours later. If he ets visits once a month I am fine with it cause I know he won't show to all of them. I want my son to know when his dad is going to see him this way he knows that his dad missed his visit. I don't lie to my son and I never bad mouthed his father in front of him EVER. He should know when his dad doesn't see him. Last time he saw him he even called him out on it. My son is very smart. He said daddy how come you haven't come to see me since before summer? I didn't say anything to my son about it. His father didn't know what to say. He saw him in march an then again the week before Christmas. And I was texting or calling his dad every 3 weeks to see when he was coming to see him. He isn't a good man. He almost killed me and almost killed him. He drinks and drives all the time and has a really bad drinking problem. I hope he is hanging himself by not showing up to these visits and that the judge sees that he doesn't care.
krisnkids
by Gold Member on Jan. 5, 2012 at 6:19 PM

The chances of getting full legal custody without dad agreeing to it are slim to none.  Does it happen?  Yes, but in rare occasions.

faerie75
by Ruby Member on Jan. 5, 2012 at 6:26 PM

 if he never contacts you, just do what you want and dont tell him. my kids dad has joint legal but i make ALL the decisions. hes never even tried!!!

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