legal rights when DL is suspended

[mquad]

What is the name of your state (only U.S. law)? Wisconsin
My ex husband is taking my daughter for 6 weeks in summer. We live in Wisconsin and he lives in Florida. He is behind in child support and had his license suspended in Oct 2008. He made an agreement with the state of WI that he would pay $1000 toward back support and start making monthly payments. He has not worked for the past 2 years and his mom has paid any and all expenses he has had during that time except child support. He did not make any effort to make a payment and the state has set a hearing for contempt of child support. My question is what are my legal rights to restricting my daughter from visitation when he has a suspended license? I know she wants to see him and I don't want to take that away from her, but what if he got stopped for speeding or what if someone hit him? If they found out his license was suspended I am assuming they would bring him to jail..what would they do with her during that time?

 

[mquad]

Do you know he's still driving?


Or that he will be the one driving for his visitation?


If it hasn't happened yet it may not happen. He may let someone else do the driving.

He has been driving. Previously he lived in WI until end of March. We did most of the driving her back & forth due to the issue with the license and he had no money for gas. But when he lived in the same town as me I figured if something happened we could come get her. He will be living with his Mom and she may be traveling with them for lot of things, but I believe he has made comments that she is not as comfortable driving long distances or at night. She is in her mid 70's. He originally was thinking about driving to WI to pick her up and driving back, but I told him no way was he going to take that long of trip and risk something happening in another state. So they purchased plane tickets to come get her and bring her to Florida

 

[Zigner]

You may not withhold the visitation based on this issue. Heck, he's even made alternate arrangements so he won't have to drive.

And, his CS is NOT an admission ticket to see his child. In fact, I think the reason you want to keep him from seeing his child has NOTHING to do with his DL - it's just a convenient excuse.

 

[Isis1]

He has been driving. Previously he lived in WI until end of March. We did most of the driving her back & forth due to the issue with the license and he had no money for gas. But when he lived in the same town as me I figured if something happened we could come get her. He will be living with his Mom and she may be traveling with them for lot of things, but I believe he has made comments that she is not as comfortable driving long distances or at night. She is in her mid 70's. He originally was thinking about driving to WI to pick her up and driving back, but I told him no way was he going to take that long of trip and risk something happening in another state. So they purchased plane tickets to come get her and bring her to Florida

legally, you cannot deny dad his visitation. unless your court orders specify your have that liberal decision making, child goes to dad for summer as planned.

 

[mquad]

Thanks for the responses. Let me clarify a few things.

I know that I cannot withhold visitation due to him being behind in CS -and never had. I TRULY only have an issue with him driving while it's suspended and worrying what would happen if they were to stop him and find out the license is suspended and was looking for some thoughts on that. I did google but found nothing specific to whether I could require him to not drive...ect. Only that some states seem to allow those that have their license suspended to request exemption when picking up kids during visitation - but it was unclear. While he did make arrangements to fly her instead of drive...he is not planning on having his mother drive - she would only be a passenger at times when they are sightseeing and such. She won't be taxiing them around the whole 6 weeks.

I will say that I have to take offense that it was automatically assumed (in not a nice way I might add) that the issue was a convenient excuse. I didn't write, of course, the history but I have done a lot to make sure that I do not make decisions base on what happened between us or how many years behind he is in child support. I have never agreed with that type of behavior. I may struggle that he seems to come up with the money to purchase the airplane tickets(1 for her and 1 for him) and not have paid a penny in support in over 3 years, but really tried to keep my feelings out of the equations. I base my decisions on the best interest of my child. Which has includes 2 years of counseling for her when he lived in town and she ended up finding out he was an alcoholic - based of numerous disappearances when he was scheduled to have her etc... I have in the past let him stay overnight at my home(I left and stayed at a friends house) when he was coming to pick her up for a vacation. Plus so many more things I have bent over backwards for him to keep a decent relationship with him.

I guess I am just venting. I hadn't expected to be chastied as vehemently as I was. Zigner - you may want to think before you post something so judgemental.

Thanks again - I think I'll pass on this forum

 

[Ohiogal]

Thanks for the responses. Let me clarify a few things.

I know that I cannot withhold visitation due to him being behind in CS -and never had. I TRULY only have an issue with him driving while it's suspended and worrying what would happen if they were to stop him and find out the license is suspended and was looking for some thoughts on that. I did google but found nothing specific to whether I could require him to not drive...ect. Only that some states seem to allow those that have their license suspended to request exemption when picking up kids during visitation - but it was unclear. While he did make arrangements to fly her instead of drive...he is not planning on having his mother drive - she would only be a passenger at times when they are sightseeing and such. She won't be taxiing them around the whole 6 weeks.

I will say that I have to take offense that it was automatically assumed (in not a nice way I might add) that the issue was a convenient excuse. I didn't write, of course, the history but I have done a lot to make sure that I do not make decisions base on what happened between us or how many years behind he is in child support. I have never agreed with that type of behavior. I may struggle that he seems to come up with the money to purchase the airplane tickets(1 for her and 1 for him) and not have paid a penny in support in over 3 years, but really tried to keep my feelings out of the equations. I base my decisions on the best interest of my child. Which has includes 2 years of counseling for her when he lived in town and she ended up finding out he was an alcoholic - based of numerous disappearances when he was scheduled to have her etc... I have in the past let him stay overnight at my home(I left and stayed at a friends house) when he was coming to pick her up for a vacation. Plus so many more things I have bent over backwards for him to keep a decent relationship with him.

I guess I am just venting. I hadn't expected to be chastied as vehemently as I was. Zigner - you may want to think before you post something so judgemental.

Thanks again - I think I'll pass on this forum

Nice vent but quite frankly he has a court order as do you. YOU FOLLOW IT. You do not get to deny him visitation for any reason unless the court order says you do. Denying visitation without getting a legal order allowing you to deny is just a convenient excuse -- or an excuse.

 

[mquad]

I would have went through legal channels. Can't very well say he needs to follow the document if I don't. I was wondering if anyone was in the same situation and what they did. I may not have done anything. I just like to be informed and I came to this site before I made the step to a lawyer because I wasn't even sure what I was going to do. Maybe I am just being overly worried about the situation and a issue that may not being even happen when she is there.

 

[Ohiogal]

I would have went through legal channels. Can't very well say he needs to follow the document if I don't. I was wondering if anyone was in the same situation and what they did. I may not have done anything. I just like to be informed and I came to this site before I made the step to a lawyer because I wasn't even sure what I was going to do. Maybe I am just being overly worried about the situation and a issue that may not being even happen when she is there.

Here is the thing: He has to follow the laws as do you. YOU however are not the police. You have no proof that he will drive with youngen while child is in Florida. You may suspect it but you have no proof. I agree -- you are being overly worried about the situation.

 

[Isis1]

I would have went through legal channels. Can't very well say he needs to follow the document if I don't. I was wondering if anyone was in the same situation and what they did. I may not have done anything. I just like to be informed and I came to this site before I made the step to a lawyer because I wasn't even sure what I was going to do. Maybe I am just being overly worried about the situation and a issue that may not being even happen when she is there.

he can absolutely take you to court for contempt regardless of your claims of him being in contempt. it's up to you to prove him in contempt.