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Michelle, Paralegal
Category: Family Law
Satisfied Customers: 4136
Experience:  30 + years in the legal profession including family law and other domestic relations
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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: 9 years ago.
Category: Family Law
Expert:  Michelle replied 9 years ago.

Dear *****handvillar

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 and 3 other Family Law Specialists are ready to help you
Customer: replied 9 years ago.
thank you!
Expert:  Michelle replied 9 years ago.

Dear *****handvillar

You are welcome -

Customer: replied 9 years ago.
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 9 years ago.

Dear *****handvillar

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.