How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Michelle Your Own Question

Michelle
Michelle, Paralegal
Category: Legal
Satisfied Customers: 4136
Experience:  31 years of experience in criminal, real estate, juvenile and family law
3273316
Type Your Legal Question Here...
Michelle is online now
A new question is answered every 9 seconds

if one parent (non-custodial) is 1 hour late to pick up

Customer Question

if one parent (non-custodial) is 1 hour late to pick up child, and has not informed the other parent, is the whole day forfitted?
Submitted: 6 years ago.
Category: Legal
Expert:  Michelle replied 6 years ago.

DearCustomer/p>

Not usually. Unless it is specifically spelled out in the visitation order that the day would be forfeited due to tardiness, the visit continues up and until the end time.

Most times, parents will keep in mind that this is about the children and not their animosity toward their ex. If this is happening, you can take it in to court on a contempt of order. I can state from experience that judges do not like when there is not courtesy call to say "running late" but they dislike even more when one parent uses children as pawns in such "trivial" matters. The Courts expect that parents will always focus on the well-being of the children and what is in their best interest and if one parent is withholding visits, thereby hindering a relationship and bonding with another parent they will be admonished.

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

Michelle, Paralegal
Category: Legal
Satisfied Customers: 4136
Experience: 31 years of experience in criminal, real estate, juvenile and family law
Michelle and 9 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
thank you!
Expert:  Michelle replied 6 years ago.

DearCustomer/p>

You are welcome -

Customer: replied 6 years ago.
yes, it is not specified on the court order we have, but I read that it is forfitted if the othe parent is late to pick up the kid.
The child (12 months) was taking a nap, we were waiting for him to get picked up, but parent was late, so he went to take his scheduled nap. parent came and pick up the chikd saying he doesn't care if he was taking a nap.
We are in the middle of a custody battle, and he continuosly plays the "annoying you" game - I wanted to know what the law said about the issue
Expert:  Michelle replied 6 years ago.

DearCustomer/p>

There is NO LAW so to speak - These things need to be addressed in visitation orders - there may be a case or caselaw where this issue was raised. However, I cannot access those cases. I will opt out and move this matter to our family law department and, perhaps, an expert in that department can find a case or two for you on this matter. Keep in mind, that there would also be caselaw for the other side of this coin based on what I stated above - the court will rule in whatever is in the best interest of the child. Is it in the best interest to allow the child to sleep or to allow the child the bonding time with the parent.

Best to you. I will move your question now.

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions

Chat Now With A Lawyer
Michelle
Michelle
Lawyer
4136 Satisfied Customers
31 years of experience in criminal, real estate, juvenile and family law