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legal repercussions if I don't let daughter go with her dad??

This is a discussion on legal repercussions if I don't let daughter go with her dad?? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Hi, I have an issue that I hope someone can help me with. I have full physical and legal custody ...

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Old May 4th, 2009, 11:02 AM   #1
Sske8760
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Confused legal repercussions if I don't let daughter go with her dad??

Hi, I have an issue that I hope someone can help me with. I have full physical and legal custody of my daughter, but her father has visitation rights two weekends a month from Sat. at 9am to Sun at 6pm. He is ordered to pay child support, but doesn't pay anything--he hasn't worked in almost 3 years. This was the case when we had our hearing, and the court found him irresponsible and undependable (it actually says this in our final decree). I just want to give you an idea of his character here-- he has been arrested multiple times for DUI, breaking and entering, theft, etc (but he hasn't been convicted yet for those), he has been charged and convicted with criminal trespassing, though. I am very lenient with him, and let him get our daughter a lot more than what our divorce papers say. He is supposed to pick her up and drop her back off, but because he doesn't work and doesn't have gas money (so he says), I end up dropping her off at his house a lot of the time. He refuses to bring her back home a lot of the time, so I have to end up going over there to pick her up. It's just a never ending battle with him! My problem lies in next weekend, which is Mother's Day weekend. It falls on his weekend, so he is supposed to pick her up Saturday at 9am, and I am supposed to get my daughter back on Sun at 9am because of the Mother's Day holiday. He is only supposed to get her that weekend from Sat at 9am to Sun at 9am because of the Holiday. I really want to take my daughter out of town this weekend for Mothers Day, and initially he agreed to this (nothing was in writing), but he changed his mind and won't agree to let me have her. If I just take her out of town with me anyway, and if I'm not home when he comes to get her on Sat at 9am, what legal repercussions could I face for not having her there and letting her go with him just for the one day he is supposed to get her that weekend? I always follow the rules, always let him get her when he is supposed to, and even much of the time when he's not supposed to get her, but I just want her for this one weekend. I just want to know what could happen to me if he comes to get her and we're not home. Thanks for any advice you can give me!
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Old May 4th, 2009, 11:05 AM   #2
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Default Re: legal repercussions if I don't let daughter go with her dad??

Oh, I also forgot to mention that I live in Georgia. I'm not sure if the laws change or are different state to state. Thanks!
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Old May 4th, 2009, 11:53 AM   #3
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Default Re: legal repercussions if I don't let daughter go with her dad??

contempt of court. First offense, a slap on the wrist. But if he decides to use the contempt charge later to gain more time or custody (as no matter how bit a loser - if he hasn't endangered the childs life - he has a chance). I would advise against it.... Let him take her Sat-Sun 9-9.
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Old May 4th, 2009, 12:21 PM   #4
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Default Re: legal repercussions if I don't let daughter go with her dad??

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Originally Posted by Gbyte View Post
contempt of court. First offense, a slap on the wrist. But if he decides to use the contempt charge later to gain more time or custody (as no matter how bit a loser - if he hasn't endangered the childs life - he has a chance). I would advise against it.... Let him take her Sat-Sun 9-9.
Thanks for the response...if he does try to hold me in contempt of court,would he would have to schedule a court hearing and file papers and such to go back to court, or is there a way to hold me in contempt of court without going through the motions?
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