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  1. #1
    XGermanGirl Guest

    Exeeded grace period

    What is the name of your state? WV
    Our court order states that there is a 15 minute grace period before or after scheduled pick-up times. The weekend visitation will be forfeited if the 15 minutes are exeeded.
    My question: What happens if the children aren't returned within the grace period? Should the police be contacted? Would there have to be a witness present EOW when the kids are being returned in order for it to hold up in court if there would be a need to have visitation revoked?
    Any suggestions your opinions would be greatly appreciated!
  2. #2
    tdbird Guest
    Our papers that we use as the guide lines state 30 mins. after that you do not have to wait any longer. But we always tell the police so there is a record that we waited the length of time and give a number to call in case the reason for being late was unavoidable. But if your court order states 15 min. that is all you need to wait, but you had better have proof you did take the kids to the pickup site and the time you got there and left. Best to do it at a police station.
  3. #3
    dottkanga Guest
    Stop being so petty. If your ex is 15 mins. late you want to have them arrested or not let them have their visitation. Grow up. Don't make your kids lives miserable just to get even with your ex.
  4. #4
    XGermanGirl Guest
    This has nothing to do with growing up! You have no idea what kind of a person the bio really is! I am very worried about the childrens' safety and well-being! So I'm just trying to collect as much "evidence" as I can in case I need to go back to court! I don't think I could ever forgive myself if I lost custody because I wasn't prepared!
  5. #5
    haiku is offline Senior Member
    Join Date
    Jan 2001
    Posts
    5,414
    When you do pick up and drop offs, your husband should be doing it, with you as witness.

    Document what happens. how late are we talking here? if the children eventually get returned, it is a no harm, no foul situation.

    Has anything like this even happened yet?

    If she has a pattern of being consistently extremly late, your husband may be able to modify visitation based on that. A good thing to think about if you ever modify again, would be to ask that the person getting the child either for visits or back, be the one responsible for the transportation, that way you are not left waiting with the child for someone to show up.-example- you want kids for visitation you go all the way to get them. Visitation over? Custodial parent goes all the way to get them.

    other than that, it may be something you just have to work into your schedule. 15 minutes is a very short period of time, to have to wait. Don't obsess over "collecting evidence for court". just document and forget it, and realize there are always going to be little things that bug you. Save your energy for something big, and hopefully it will never happen. RELAX! (and please let your husband take over most of the parenting already!...)
    "It is easier to build strong children than repair broken men." Frederick Douglas
  6. #6
    XGermanGirl Guest

    Thanks haiku

    My husband is doing all the communicating and he is the one in charge. I just want to be a step ahead. His court order states that she has to pick-up and drop off EOW at 7:00pm with a 15 minute grace period. If there is a major delay she needs to call and notify him right away. He is not one to run and call the police if she is a couple of minutes late. My only concern is her bringing the kids home dirty and late on Sundays. By the time they take showers and get their things ready for school, it's way past their bed time.
    I didn't mean to make it sound as if I was playing P.I.! I'm not really "collecting" evidence. I keep a journal for my husband only because I'm a lot better at typing than he is. LOL.
    I don't mean to sound like I am butting in, I just want to do anything I can to help out, since I don't have any "rights" as a step-parent. I guess I feel somewhat helpless.
    I love this web site! Everyone has such great knowledge when it comes to legal matters. I have a language barrier as it is and am just trying to educate myself better.
  7. #7
    stealth2 is offline Senior Member
    Join Date
    May 2002
    Posts
    44,413
    You may want to consider changing their routines the Sunday nights that they come home. Are they absolutely filthy when they come home? Skip the shower that one night if not. Can the father get their stuff together for school for them - or the most of it? Let them off the hook of doing it those days. You're not going to be able to keep 100% the same routine, so don't sweat it - find ways to work with it. When my kids fly, they don't get home til about 8:30 - bedtime's 9. The little one (8) skips her shower that day, and the older (10) takes his the next morning. I make sure they have clothes ready and backpacks are set. When I have to pick them up by car - we don't get home until well past midnight.

    Just adjust the routine.

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