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Enforcing Visitation on the Non-Custodial Parent whose always a no-show

This is a discussion on Enforcing Visitation on the Non-Custodial Parent whose always a no-show within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I've read a number of articles in Floria Law that it is the custodial parents repsonsibility to foster and encourage ...

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Old Oct 18th, 2007, 06:42 PM   #1
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Exclamation Enforcing Visitation on the Non-Custodial Parent whose always a no-show

I've read a number of articles in Floria Law that it is the custodial parents repsonsibility to foster and encourage the relationship between child and the non-custodial parent. I've read that the custodial parent can be fined and orders changed if the custodial parent doesn't honor the court order.

However, I have found no information on how to or if it's possible to enforce visitation with the child and non-custodial parent? If there are penalties that I can face as the custodial parent, is there any that he can face?

Do I have any recourse when he doesn't show up? He sometimes doesn't show up at all or only keeps him for part of his weekend. The Court order states Sat 9am-Sun 6am, but he drops him off every Sunday before noon. Sometimes he doesn't get him until Saturday afternoon.

If his behavior is consistent, do I have a right to go ahead and make plans for myself and my child and not let him see our son even if he does show? At what point can I ask for sole custody?
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Old Oct 18th, 2007, 08:27 PM   #2
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Default Re: Enforcing Visitation on the Non-Custodial Parent whose always a no-show

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I've read a number of articles in Floria Law that it is the custodial parents repsonsibility to foster and encourage the relationship between child and the non-custodial parent. I've read that the custodial parent can be fined and orders changed if the custodial parent doesn't honor the court order.

However, I have found no information on how to or if it's possible to enforce visitation with the child and non-custodial parent? If there are penalties that I can face as the custodial parent, is there any that he can face?

Do I have any recourse when he doesn't show up? He sometimes doesn't show up at all or only keeps him for part of his weekend. The Court order states Sat 9am-Sun 6am, but he drops him off every Sunday before noon. Sometimes he doesn't get him until Saturday afternoon.

If his behavior is consistent, do I have a right to go ahead and make plans for myself and my child and not let him see our son even if he does show? At what point can I ask for sole custody?
I understand your frustration, but visitation is a right, not an obligation.

Unfortunately, no you cannot refuse visitation for any reason. The best way to do it is to schedule some "private time" with your child just in case Dad doesn't show up. Have your son ready to go, but pop a movie in and watch it with him, or play a game at home, etc. That way if Dad does show up late it won't interfere with plans and you won't be denying visits. There's also a plus side for you and your son when dad doesn't show, it gives you a little extra time with your son, and he WILL remember those times later in life.

Is your CS order set with a deduction for visitation time? If so, keep a log of the missed visits and you can try to have the CS modifiied based on dad having the child less time.

Sole custody would not solve your problem at all, even if a Judge would grant sole custody, the father will still have visitation rights.
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Old Oct 18th, 2007, 09:29 PM   #3
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Default Re: Enforcing Visitation on the Non-Custodial Parent whose always a no-show

good advice!
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Old Dec 18th, 2007, 01:34 AM   #4
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Default Re: Enforcing Visitation on the Non-Custodial Parent whose always a no-show

DO YOU HAVE A COURT ORDER WITH A SCHEDULE FOR VISITATION? IF SO IT SHOULD SAY THAT HE HAS HALF HOUR ALLOWANCE MEANING THAT IF HE IS SUPPOSED TO PICK UP THE CHILD AT 6:00PM HE HAS UNTIL 6:30 PM TO SHOW UP AFTER THAT YOU ARE NOT OBLIGATED BY LAW TO LET HIM HAVE THE CHILD. IN ADDITION HE MUST GIVE YOU 24 HOURS NOTICE REQUARDING ANY CHANGES IN TIME OR IF HE CAN'T PICK UP THE CHILD A GOOD THINK FOR YOU TO DO IS TO GO ON THE WEBSITE FOR YOUR STATE THEN LOOK UP FAMILY COURT AND CHILD CUSTODY AND VISITATIONS YOU SHOULD BE ABLE TO FIND YOUR ANSWERS THERE. GOOD LUCK AND STAND YOUR GROUNDS
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Old Dec 18th, 2007, 06:24 PM   #5
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Default Re: Enforcing Visitation on the Non-Custodial Parent whose always a no-show

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DO YOU HAVE A COURT ORDER WITH A SCHEDULE FOR VISITATION? IF SO IT SHOULD SAY THAT HE HAS HALF HOUR ALLOWANCE MEANING THAT IF HE IS SUPPOSED TO PICK UP THE CHILD AT 6:00PM HE HAS UNTIL 6:30 PM TO SHOW UP AFTER THAT YOU ARE NOT OBLIGATED BY LAW TO LET HIM HAVE THE CHILD. IN ADDITION HE MUST GIVE YOU 24 HOURS NOTICE REQUARDING ANY CHANGES IN TIME OR IF HE CAN'T PICK UP THE CHILD A GOOD THINK FOR YOU TO DO IS TO GO ON THE WEBSITE FOR YOUR STATE THEN LOOK UP FAMILY COURT AND CHILD CUSTODY AND VISITATIONS YOU SHOULD BE ABLE TO FIND YOUR ANSWERS THERE. GOOD LUCK AND STAND YOUR GROUNDS
The wording you are describing is NOT mandatory, nor typical in FL visitation orders. If your order states that, that is great. However, the OP, or anyone else should always first read thier own order to see exactly what it states.

If someones order isn't very specific about time limits for pick-up, unfortunately the CP will be required to wait, or risk being found in contempt.
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Old Sep 21st, 2009, 11:13 AM   #6
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Default Re: Enforcing Visitation on the Non-Custodial Parent whose always a no-show

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I've read a number of articles in Floria Law that it is the custodial parents repsonsibility to foster and encourage the relationship between child and the non-custodial parent. I've read that the custodial parent can be fined and orders changed if the custodial parent doesn't honor the court order.

However, I have found no information on how to or if it's possible to enforce visitation with the child and non-custodial parent? If there are penalties that I can face as the custodial parent, is there any that he can face?

Do I have any recourse when he doesn't show up? He sometimes doesn't show up at all or only keeps him for part of his weekend. The Court order states Sat 9am-Sun 6am, but he drops him off every Sunday before noon. Sometimes he doesn't get him until Saturday afternoon.

If his behavior is consistent, do I have a right to go ahead and make plans for myself and my child and not let him see our son even if he does show? At what point can I ask for sole custody?
you MUST make the child available when its supposed to be dad's time, or risk being held in contempt. and done enough times, your child could be living with dad, and visting you. get the picture now? you have no right to make plans with your child during dad's time. even if you did have sole custody, dad would still have visitation, and you must make your child available for it.
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Old Sep 21st, 2009, 04:25 PM   #7
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Default Re: Enforcing Visitation on the Non-Custodial Parent whose always a no-show

Under most custody agreements if a parent is more than 30 minutes late they forfeit their time. This is a VERY old post.
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Old Sep 22nd, 2009, 12:48 AM   #8
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Default Re: Enforcing Visitation on the Non-Custodial Parent whose always a no-show

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Under most custody agreements if a parent is more than 30 minutes late they forfeit their time. This is a VERY old post.

buzzzzzzz wrong. That is a stipulation and it is not common. The courts do not like forcing such a stipulation, they encourage parents working together. If a parent is a constant no show, you document and go back to court, but MOST court orders will state a date and time, and during that time the child must be available for the non custodial parent.
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Old Sep 22nd, 2009, 07:00 AM   #9
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Default Re: Enforcing Visitation on the Non-Custodial Parent whose always a no-show

Not in my state.

It's more common than not to have that in a custody order. You're really quite a knob. It would be helpful if you and your WRONG advice would go away.
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Old Sep 22nd, 2009, 07:33 AM   #10
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Default Re: Enforcing Visitation on the Non-Custodial Parent whose always a no-show

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Under most custody agreements if a parent is more than 30 minutes late they forfeit their time. This is a VERY old post.
Can you provide the documentation that verifies your statement that most agreements contain this? I am unable to find this and you seem to be so sure you are correct, as ususal.
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