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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118668
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Lori. I have 9 month old twin boys. The father served me and

Customer Question

Hi Lori. I have 9 month old twin boys. The father served me and fought to get a customized order in place so he had the boys 3-4 times a week @ 4 hours each visitation. The issue is that he is never there for visitations and leaves the boys with his housekeeper and sometimes his mother, who abuses alcohol. In several occasions he's been out of town and has not communicated that to me but still expects me to drop the kid of with someone besides him. He's telling me I'm keeping the kids from him when I refused to drop them off when he was out of town. I didn't feel it was in the best interest of the kids and it doesn't make sense. Am I obligated to drop my infants off for visitation if he is not going to be there? He seems to think to and is threatening to take me to court.
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You cannot just ignore a court order, which you actually have a legal basis to get changed. If you simply say his conduct of leaving the children is unsafe, which it is, and refuse to bring the children and honor the order, then you are in contempt of the court order. However, if you file a motion for an order to show cause for contempt of court in the court that issued the order and ask the court to rescind the order based on him not actually being with the children and leaving them in a dangerous situation and you present evidence of his conduct, the court will change the order and remove the visitation from him or will impose supervised visitation.

However, YOU have to take him to court to change the order based on his dangerous conduct. You cannot just ignore the order, even though you have a good reason to get the court to change it.