Denying visitation

[MUNCIEMOMUV2]

What is the name of your state? Indiana

I have been just lurking here and reading and trying to learn a few things....

I have a cousin that has a 5yo daughter and the father has visitation rights according to the Indiana State guidelines. A couple of weekends ago while the child was with her father for visitation my cousin found their daughter in a van by herself with the motor running while father was inside his ex's home. My cousin took their daughter out of the van and put her in her car and father finally came out and asked her what she was doing, etc. Well my cousin informed him she was NOT going to allow him to see his child anymore since he left her in a running van by herself and he told her he would see her in court.

Now I need to know if I was wrong in what I told her regarding this situation and if so please correct me....I told her that she CANNOT deny him his visitation and that she must follow the court order and that if he does take her to court for contempt she could lose (she has lost once before) and she asked me if they would still find her in contempt since he left her in a running vehicle by herself and I told her that what she should have done is to not have removed their daughter but stayed right there and called the police and reported it and then filed for modification of visitation but that she cant deny him his visitation now. She also is wondering if she can have it ordered for him to keep their child away from his ex (only because they dont like each other) and I told her she cant do that, that he has the right to take their child around who he wants on his time just the same as she can.

Just wondering if I was correct at all in what I told her and wondering if anyone has any additional advice I could give her regarding this situation.

 

[stepmomndad]

She still has to send her daughter to his father's for visits, as ordered by the court order. If she wants to change it, she will need to file to modify it. Personally, I would have watched my child in the van, while calling the police. That's just me, personally.

Regarding the child's father allowing their daughter around his ex, from what I was told when I brought this up with my lawyer was that my ex was able to allow my daughter around who she wanted her to be around. My daughter goes to my ex's ex-husband's house every other weekend and every Tuesday night, because her daughters with him go, and she wants our daughter to go, too (even though our daughter requested not to go).

 

[amberlea434]

So, did Dad leave the child in the van ALL DAY, or was it just to run inside real quick?

 

[Ohiogal]

What is the name of your state? Indiana

I have been just lurking here and reading and trying to learn a few things....

I have a cousin that has a 5yo daughter and the father has visitation rights according to the Indiana State guidelines. A couple of weekends ago while the child was with her father for visitation my cousin found their daughter in a van by herself with the motor running while father was inside his ex's home. My cousin took their daughter out of the van and put her in her car and father finally came out and asked her what she was doing, etc. Well my cousin informed him she was NOT going to allow him to see his child anymore since he left her in a running van by herself and he told her he would see her in court.

Now I need to know if I was wrong in what I told her regarding this situation and if so please correct me....I told her that she CANNOT deny him his visitation and that she must follow the court order and that if he does take her to court for contempt she could lose (she has lost once before) and she asked me if they would still find her in contempt since he left her in a running vehicle by herself and I told her that what she should have done is to not have removed their daughter but stayed right there and called the police and reported it and then filed for modification of visitation but that she cant deny him his visitation now. She also is wondering if she can have it ordered for him to keep their child away from his ex (only because they dont like each other) and I told her she cant do that, that he has the right to take their child around who he wants on his time just the same as she can.

Just wondering if I was correct at all in what I told her and wondering if anyone has any additional advice I could give her regarding this situation.

You were correct. And the other thing you might mention to her is since she LOST on contempt once before (was it that SHE was found in contempt?) that she keeps it up and dad can petition the court for custody and WIN. Then she will have to make do with visitation.