Noncompliance with visitation schedule

[Bhahn75]

What is the name of your state (only U.S. law)? Ohio

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio

More details necessary -- just edit your first post or respond to this thread. DO NOT preview your post.

 

[Bhahn75]

Sorry about that...lol...so, the situation is as follows:

My son (non custodial parent) and his ex (custodial parent)were not married. They have an agreed upon custody and visitation schedule, which is standard visitation for child over 18 months. Since my son is active duty and out of the country, I have been awarded his parenting time. When my son was home on leave he took the child to an allergy doctor because the mother refused to. She was informed of this when she tried to refuse him visitation while he was home. The treatment plan was an allergy shot every week. When I had the child for Christmas visitation (8 days) I noticed he had eczema. Mother said yes, pediatrician said that at last visit and to keep him lotioned up with hydrocortisone cream. Mother does not do this. I told her she should ask for a prescription cream because the condition does seem to be getting worse. She did not. When I had child at allergy doctor at last visit I asked for one. She picked up prescription. She is now refusing visitation because of doctor and prescription. I've filed report and have texts from her stating as such. We are going back to court, but I want to know where we might stand on this. My thought is who cares, as long as it benefits the child. Mother also only has child 2-3 days a week because she's too busy with her new boyfriend. She consistently calls and asks me to come get him because she is tired, doesn't feel well, or the child is cranky. As Most young people, she txts, so I do have proof. Is there anything else I can do to solidify our position?

 

[CTU]

Sorry about that...lol...so, the situation is as follows:

My son (non custodial parent) and his ex (custodial parent)were not married. They have an agreed upon custody and visitation schedule, which is standard visitation for child over 18 months. Since my son is active duty and out of the country, I have been awarded his parenting time. When my son was home on leave he took the child to an allergy doctor because the mother refused to. She was informed of this when she tried to refuse him visitation while he was home. The treatment plan was an allergy shot every week. When I had the child for Christmas visitation (8 days) I noticed he had eczema. Mother said yes, pediatrician said that at last visit and to keep him lotioned up with hydrocortisone cream. Mother does not do this. I told her she should ask for a prescription cream because the condition does seem to be getting worse. She did not. When I had child at allergy doctor at last visit I asked for one. She picked up prescription. She is now refusing visitation because of doctor and prescription. I've filed report and have texts from her stating as such. We are going back to court, but I want to know where we might stand on this. My thought is who cares, as long as it benefits the child. Mother also only has child 2-3 days a week because she's too busy with her new boyfriend. She consistently calls and asks me to come get him because she is tired, doesn't feel well, or the child is cranky. As Most young people, she txts, so I do have proof. Is there anything else I can do to solidify our position?

Please clarify. A court has awarded you Dad's parenting time? Why are you going back to court?

 

[Zigner]

Please clarify. A court has awarded you Dad's parenting time? Why are you going back to court?

Right - even if that had occurred, it's not the OP's place to head back to court in this matter.

 

[Bhahn75]

Yes. The wording is:
The parties acknowledge and understand that Petitioner is currently enlisted in the United States military, which enlistment shall continue for some time. While Petitioner remains enlisted and is not stationed in the state of Ohio, the parenting and companionship time awarded to Petitioner herein shall be exercised and enjoyed by Petitioner's mother.

The reason I am going to court is because the mother has no money, thinks she may do as she pleases because she is the mother, and because her mom has/will continue to tell her what to do. So if I want to see my grandson I'm in the position of really having no choice. Sigh

 

[PayrollHRGuy]

While the order grants you "the parenting and companionship time" it does not grant you any parental rights. Those remain with the mother and father.

The reason I am going to court is because the mother has no money, thinks she may do as she pleases because she is the mother, and because her mom has/will continue to tell her what to do. So if I want to see my grandson I'm in the position of really having no choice. Sigh

Then your son should be paying more child support.

She pretty much can as the mother.

And if she is doing what her mother tells her that is A none of your business and B she isn't doing as she pleases.

 

[Zigner]

the reason i am going to court is ...

op - please ignore this - i was subsequently corrected on the matter.

 

[Ohiogal]

Please clarify. A court has awarded you Dad's parenting time? Why are you going back to court?

Yes in Ohio she could have been awarded dad's parenting time due to him being deployed. SHE can go back to court for contempt. That is possible. Grandma could ALSO sue for custody if she can prove mom unsuitable and dad agrees (or prove them both unsuitable at this juncture).

 

[Ohiogal]

While the order grants you "the parenting and companionship time" it does not grant you any parental rights. Those remain with the mother and father.



Then your son should be paying more child support.

She pretty much can as the mother.

And if she is doing what her mother tells her that is A none of your business and B she isn't doing as she pleases.

You are wrong.
She has the right to file a motion to show cause and ask that mom purge or be sentenced to jail. And yes, that happens in OHIO. and why do you think dad should pay more child support? You never inquired if mom is working, is dealing within her budget, or is over extended. You just assumed DAD should pay more. Not the way it works. If dad is paying guideline or according to his court order that is all that is necessary. Mom needs to get with the program.

And no, mom cannot disobey the court order. Grandma has rights to file a motion to show cause. Because GRANDMA is being deprived per the court order.

 

[Ohiogal]

In case the prior poster's meaning wasn't clear enough: YOU will not be going to court AT ALL in this matter. You are NOT a party to this matter.

WRONG. She can go to court regarding deprivation of visitation because she is entitled to visitation when dad is deployed. That is FACT per the court order.

 

[Zigner]

WRONG. She can go to court regarding deprivation of visitation because she is entitled to visitation when dad is deployed. That is FACT per the court order.

Thanks for the correction.

OP - listen to Ohiogal - she is an experienced family law attorney in your state.

 

[PayrollHRGuy]

Thanks for the correction.

OP - listen to Ohiogal - she is an experienced family law attorney in your state.

Ditto**************

 

[Bhahn75]

Do you think that asking for jail time is appropriate? This is our first time back to court, however, the mother has made things difficult from the beginning. I have proof of this. Also, mother does not work. She lives off of child support, food stamps, and WIC. She was suicidal at Christmas because she wasn't pregnant from the last boyfriend, not the current one. My son is fine with me suing for custody. At least he would know his chid is safe- his words, not mine. At any rate, with the original question, what is the judge likely to order? Your best guest is appreciated.

 

[CTU]

Do you think that asking for jail time is appropriate? This is our first time back to court, however, the mother has made things difficult from the beginning. I have proof of this. Also, mother does not work. She lives off of child support, food stamps, and WIC. She was suicidal at Christmas because she wasn't pregnant from the last boyfriend, not the current one. My son is fine with me suing for custody. At least he would know his chid is safe- his words, not mine. At any rate, with the original question, what is the judge likely to order? Your best guest is appreciated.

First time back to court? Slap on the wrist and admonishment.