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Change in Pick up time for Visitation

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W

Wanna Be

Guest
The court has ordered for my husband to pick up my son on Friday nights at 8:00 p.m. However, he wants to change the pick-up time this weekend until Saturday afternoon which interupts my weekend plans. He says that I have to let him pick him up on Saturday and cannot deny his visitation. Is this true???
 


F

ferda202

Guest
From my experience in New York State. You and your ex are legally bound to abide by the court order of visitation.

It most likely states somewhere in the order that changes can be made to the court order as long as both parties agree.

If you and your ex can not agree....then you are obliged to follow the court order. Does your ex get overnight visitation? If he picks your child up on Friday night does he keep him until Sunday?

For the sake of your child, can you make other arrangements for him on Friday night? Perhaps a relative can watch him and your ex can pick him up from there on Saturday.

Is your ex consistantly manipulating the court order of visitation?

I wish that you and your ex could find a way to work this out without taking legal steps....however, if he pushes this he is in violation of a court order of visitation and you can go to family court and file a petition as such. This creates documentation that your ex is manipulating the orders of the judge.....it's a no-no on his part.
 

buka

Member
Your order requires you to make your son available at 8 p.m. on Friday. You are not required to make him available on Saturday afternoon. If your ex can't pick him up at his scheduled time, it's not your legal responsibility to rearrange your schedule. However, in the best interest of the child, I would recommend trying to reach a compromise. For example, if he can't come Friday night, can he come Saturday morning? Could he pick your son up from a relative's house if you won't be around? If your child wants to see his dad, then it'd be best do what needs to be done to make that happen.
 
G

Grandma B

Guest
I agree with Buka. Though you may not be required to make your son available on Saturday, it's in your son's best interest to make arrangements if you can, especially if this is a once in a while request.

Sounds like there's some resentment involved, but this isn't about you and it isn't about your ex, it's about your son. Do what you can to encourage your son's relationship with his dad. You'll all be happier for it.;) Though they might not show it, it's hard on kids to be in the middle of these disagreements.
 

haiku

Senior Member
When I went through the visitation process in CT, our pick ups were in a public place, so we needed to be clear on the times.

I was told that if my ex did not pick up my child at the designated time of say 4:00, that I could bring the child home, and the ex would have to make arrangements to pick her up, if he wanted. I would still have to have the child available to him from 4:00pm on fri to 4:00 pm on sunday, he would just have to call and make reasonable arrangements.

so if you keep the child from him just because he missed the designated official time, you may still be considered in contempt, because in my stae at least, the ncp "becomes" the cp during thier visitation time. This is also spelled out in Ma. papers also.
 

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