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Have 3 childern father is truck driver, wants there step mother,

 
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  • Answered by:Tina
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Customer Question

Have 3 childern father is truck driver, wants there step mother, his wife to exercise his visitation. If he is not in town do I still have to let them go?

 

Location: United States, Arkansas
Optional Information:
State/Country of Question: Arkansas

Submitted: 1031 days and 4 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Expert:  Tina replied 1031 days and 4 hours ago.

Thank you for contacting our JA team for guidance.

 

No. The visitation is specific to him unless stated otherwise in the court's order. If he is not available to take custody of the children, he would have to file a motion to modify the court's order for others to exercise visitation on his behalf. The court would then have to find that it is in the children's best interest to do so.

 

Please let me know if you need additional information.


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TG

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Customer replied 1031 days and 4 hours ago.

If he picks up the children for his weekend visitation and then leaves town sat morning do I have to leave the children with there step mother?

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Expert:  Tina replied 1031 days and 4 hours ago.

It depends on when he comes back and when his visitation ends. Also, it the children are old enough, it can depend on what they want to do as a court would likely give weight to their wishes.

Customer replied 1031 days and 4 hours ago.

One last question and i promise to hit the accept, do I have to let them go with the step mother if he is not with her to pick the children up. He has sent her before to pick them up and did not even see the children that weekend.

Accepted Answer

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Expert:  Tina replied 1031 days and 4 hours ago.

She can pick them up, but if he is not expected home the entire weekend, then you do not have to allow them to go since he is the one that has visitation rights, not their step mother.

 

All the best to you.

Expert TypeLawyer
Pos. Feedback: 98.7 %
Accepts: 6659
Answered: 7/26/2009

Experience: JD, BBA Over 20 years legal and business experience.

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