• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

am I in trouble?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

christinaylor

Guest
What is the name of your state? GA

Ok..I'll try to keep this short. On August 1st, my family was moving and my son did not want to go visit his father. I know I was wrong for this, but I told his father that he wasn't going to visit that weekend. We had a big arguement, and I have not heard from him again since August 6. My question is can I be held in contempt for every visitation missed since the first one or am I only responsible for the first visit that I didn't allow?
This may be irrelevant, but I have spoken with the paternal grandparents, and they actually picked our son up today for a visit with his dad and themselves. The reason I'm including this info is to show that I did not intend for the father-son relationship to cease, the only visitation I actually prevented was the first one. But I don't put it past dad to tell the court that I haven't allowed him to see his son in four months. I am just curious as to how the court might look at the situation. Thanks!:eek:
 


Grace_Adler

Senior Member
Well, he could try to hold you in contempt for the one you didn't let your child go on but you would just end up with a slap on the wrist. If he does, I would ask him why he waited so long to bring it to court.

For the visits he doesn't use, that's on him. You can't get in trouble if he is a no show.
 
C

christinaylor

Guest
whew....wasn't lookin forward to bein a jailbird:) Thanks for your help
 
A

aloha74

Guest
I been it your shoes once with my daughter who didn't want to see her father, and I had her talk to her father and explain why he wasn't having his visit for the weekend. Because I didn't want him to feel I was keeping him from seeing him. So next time you are in a situation like this one that your son doesn't want to see dad advice to you have your son tell his father.
 
C

CaliCat

Guest
Only the first one you are liable for. He'd be an idiot to bring charges when he is in contempt for not taking the child when he is supposed to--many times.
 
K

Keeptrying

Guest
Correct me if I'm wrong, but I don't think you're in contempt if you don't exercize your visitation. :)

Later, FJguy
 
C

CaliCat

Guest
I don't know about Georgia and I'm too tired to look it up, but I know in California, if a parent doesn't excercise visitation, then that parent is liable to the other parent for child care costs, and can be considered in contempt. The visitation is court-ordered, not something the parent gets to decide. If the parent doesn't want to use the visitation, then a modification of visitation is called for.
 

CMSC

Senior Member
To the OP, just remember that slap on the wrist CAN turn into jail time if you do this repeatedly.

It was not a wise thing to do, it looks like you did in fact sever the father child relationship. I too would ask why it took him so long. If you have denied visitation before maybe he gave up trying?
 

haiku

Senior Member
it will be a he said/she said battle hopefully yo uhave full documentation of the times he has not shown up, to prove you had the child waiting for him to come.
 

kidoday

Senior Member
Technically you wouldn't be in trouble for the missed visits since August, but then don't expect your ex to come into court and say well she denied me one visit in August and I am just now filing. I would expect him to come in and say you have withheld visitation since August. My ex went through this same scenario with his ex.

Hopefully you have some type of documentation that he didn't show up.
 

CMSC

Senior Member
One more thing do not do what aloha did...this is putting a child in the middle of an adult situation.
 

kidoday

Senior Member
I agree with CMSC on that. Don't ever make the child be the go between. It is the adults responsibility to act as one. Children have a hard enough time being put in the middle.
 
C

christinaylor

Guest
I understand that in Georgia, the court could care less whether the NCP exercises his visitation or not. They see it as his choice whether to come or not, regardless of how many times the child is let down and hurt. Whoever believes the courts are looking out for the kid's best interests is sadly mistaken. In this case, its all about DAD and his rights.
 
O

oneandonly

Guest
Calicat?

CaliCat said:
I don't know about Georgia and I'm too tired to look it up, but I know in California,

*if a parent doesn't excercise visitation, then that parent is liable to the other parent for child care costs,*

could you expand on this or post where this is in CA codes? Havent seen that myself--is this new?



and can be considered in contempt. The visitation is court-ordered, not something the parent gets to decide. If the parent doesn't want to use the visitation, then a modification of visitation is called for.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top