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  1. #1
    Kimmyf1965 is offline Member
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    Aug 2004
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    How late can they be to pick up the child for visitation?

    What is the name of your state? Tn

    I asked this in a previous thread but I think it got missed with all the other stuff that I was questioning.

    How late can my X be in picking up my child for visitation? Example: if is suppose to pick him up at by 6:00 p.m. and doesn't show up until 7:00 p.m. with no call.

    And does it matter if he calls and says that he's not going to be able to pick him up until 8:00 p.m. Does he forfeit the visitation?

    I mean if I don't have something that I need to do then it isn't an issue but if I had plans it causes problems. I'm not trying to be a B*****.
  2. #2
    SMURFEELAW is offline Member
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    Shy of something written in the Order to state otherwise the child has to be available for him to pick-up the entire length of the visitation (at least that is what the Court told my fiance). I would check with your lawyer we had it written into the Order (after some trial and error) that if one party was going to be more than 1/2 hour late with no phone call visitation was forfeited (keep in mind I think the Court allowed this because we meet mom halfway and if on party is late the child has to sit outside of a gas station with one of the parties until the other shows). Now that the receiving party picks up if one party will be more than 1/2 hour late with or without a phone call the other party CAN make other plans but when the late party has to be informed of where the child is and given the oppurtunity to pick-up the child after the planned activity/errand. Such as if we needed to go to the grocery store we would have to leave a message for mom where we were and an approximate time we would return. But we cannot plan for example overnight at a friends for the child (the parent child relationship is more important than child friend or even child grandparent) just letting you know my experience,. Good luck
  3. #3
    rmet4nzkx is offline Senior Member
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    Kimmy,
    Your purpose is to get his father to actually pick your child up not to deny visitation. Most visitation agreements will have some language arount these issues, however your situation is different because of your child's disability you actually want him to pick him up for all his visitations.

    In your situation, based of what you have told us so far you might ask for specific modificatins to your visitation agreement.

    In this case that if he is going to be late and not provide the agreed on time pick up that he provide, at his own expense, medically approved transportation both ways. These services can be booked in advance and will be on time. You will also ask, that since the is both in the best interest of your child and respite that if he doesn't use his alloted visitation time that he provide at his own expense appropriate transportation, medical supervision or an aid for your child. If there is an adjustment required 24-? hours advance notice required and that if a visitation is skipped, it be made up later. You might also suggest that since he doesn't use both his Wed & Thrus times that 1 mid week overnight might be substituted for the 2 partial days or Wed & Thurs together every other week, work a schedule that works and keeps the transportation issue at a minimum.
  4. #4
    Kevmar44 is offline Member
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    My paperwork states I have to wait 15 minutes which is all I give my ex. He wanted to play hardball so that's what he's getting. I called him one time to tell him we might be a few minutes late (less than 5) getting home one time and he told me tough he'd be gone. And this was when HE was picking him up from my house. I'm never a minute late picking up my son and have never missed a pick up (unless he's taken him on my week-end which he's done a couple of times.). He never calls to tell me he going to be late or that he won't be coming to get him at all. My son starts to stress early in the week about having to go to his dads only to have him not show up. I have no respect for him and refuse to give him any. I use to and he spit in my face for it so now I go as far as the law says I have to and nothing more. Sorry not the most positive feed back but I feel you can't force someone to be a parent or to take proper responsibility for their children if they don't want to.
  5. #5
    Kimmyf1965 is offline Member
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    Thanks for the responses!!!!

    I appreciate your comments!!!! I just want to do what is best for my child!!!
  6. #6
    stealth2 is offline Senior Member
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    Bwah. I have the opposite problem - my ex shows up hours EARLY. We have a court order that states that unless the kids are flying a COMMERCIAL flight, they are not to be picked up before the end of the school day. He filed contempt when I told the schools that they are not to release the kids before the last bell. Nuts, all of them.

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