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Question about supervised visitations

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amberlea434

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

I'm asking this question on behalf of my SIL. She has supervised visitations with her 5yo little boy at her ex-husband's house every Saturday for 4 hours. CO states that Mom gets to choose what times she would like to spend with their child and she must contact Dad any time before each Saturday to let him know the times and Dad must make the child available for her.

Dad works some Saturday's but SM is home with kiddo all day on Saturday's along with her own child that she has with Dad. Dad has been giving Mom a lot of heartburn when it comes to the times of the visitation. She'll call to set up the times and, more often than not, he'll tell her that she can't come at that time because he's working and won't be home until 7:00/8:00pm and she can come then. Well, as you can see, if she comes at 8, the visitation won't be over til midnight and kiddo usually crashes around 9 or so. She hadn't made a stink about it because she just wanted to see her little boy.

The past two Saturday's, Dad has denied Mom her visitations because they were "busy". She didn't know to call the police and file a police report (until I told her, after the fact) but says she will in the future.

Since their CO doesn't state specifically that Dad has to be present for the visitations, could Mom come to visit the child with SM present? If not, shouldn't Dad make himself available for her visitations since he agreed to Saturday's in court?
 


S

Silverplum

Senior Member
amberlea434 said:
What is the name of your state (only U.S. law)? TN

I'm asking this question on behalf of my SIL. She has supervised visitations with her 5yo little boy at her ex-husband's house every Saturday for 4 hours. CO states that Mom gets to choose what times she would like to spend with their child and she must contact Dad any time before each Saturday to let him know the times and Dad must make the child available for her.

Dad works some Saturday's but SM is home with kiddo all day on Saturday's along with her own child that she has with Dad. Dad has been giving Mom a lot of heartburn when it comes to the times of the visitation. She'll call to set up the times and, more often than not, he'll tell her that she can't come at that time because he's working and won't be home until 7:00/8:00pm and she can come then. Well, as you can see, if she comes at 8, the visitation won't be over til midnight and kiddo usually crashes around 9 or so. She hadn't made a stink about it because she just wanted to see her little boy.

The past two Saturday's, Dad has denied Mom her visitations because they were "busy". She didn't know to call the police and file a police report (until I told her, after the fact) but says she will in the future.

Since their CO doesn't state specifically that Dad has to be present for the visitations, could Mom come to visit the child with SM present? If not, shouldn't Dad make himself available for her visitations since he agreed to Saturday's in court?
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:eek:
Absolutely Dad is out of line. :mad: She should file contempt charges, citing the C.O. and Dad's refusal to "make time."

SM is not under the court order, and does not have to do jack. ;)
 
A

amberlea434

Member
Silverplum said:
:eek:
Absolutely Dad is out of line. :mad: She should file contempt charges, citing the C.O. and Dad's refusal to "make time."

SM is not under the court order, and does not have to do jack. ;)
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I figured as much about SM, but thought I'd ask. :D

Mom wouldn't need any kind of "proof" that Dad isn't allowing her to choose the times?
 
LdiJ

LdiJ

Senior Member
amberlea434 said:
Oh okay, so going forward Mom is going to have to start building a contempt case. What's happened the past times are irrelevent at this point?
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They are still relevant, just without documentation. Odds are dad will admit that he had to work that day and therefore didn't give her the ability to have her 4 hour visit. Odds are that he will think its a valid excuse and will hang himself.
 
S

Silverplum

Senior Member
amberlea434 said:
Oh okay, so going forward Mom is going to have to start building a contempt case. What's happened the past times are irrelevent at this point?
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That would be my best guess. Note the usage of the word, "guess."

Usually, what you can't prove, you can't bring up.
 
A

amberlea434

Member
LdiJ said:
They are still relevant, just without documentation. Odds are dad will admit that he had to work that day and therefore didn't give her the ability to have her 4 hour visit. Odds are that he will think its a valid excuse and will hang himself.
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I gotcha. Should she file contempt each and every time he denies her/won't let her choose the times or should she compile them and file all at once?
 
S

Silverplum

Senior Member
amberlea434 said:
I gotcha. Should she file contempt each and every time he denies her/won't let her choose the times or should she compile them and file all at once?
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That's a question best asked of a local attorney, who knows the local judges.

My personal vote? Each and every time. But that's how I operate. ;)
 
H

Humusluvr

Senior Member
Silverplum said:
That's a question best asked of a local attorney, who knows the local judges.

My personal vote? Each and every time. But that's how I operate. ;)
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I would agree. It shows that you value your time with your children, and that you aren't going to mess around. And after the judge sees that dad has a pattern, he may sanction. And if dad sees that he is going to be hauled in every time, he may just cut the crap.
 
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