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InvolvedStepfather

Guest
Ohio - My daughter's birth father "dumps" her with his mother for most of the visitation period. My wife has stressed over and over that this is not in our daughter's best interest and that HE should spend the time with her. His argument is that he can't avoid the overtime at work. My wife assumes that if it isn't HIM picking her up, that she can refuse to let our daughter leave.

I don't think she has safe legal footing to do this - I understand her frustration, but I think without a court order requiring HIM to pick our daughter up, my wife is risking a contempt citation and/or jail time.

I've advised her to talk to an attorney before she does anything, but she doesn't like to hear that. Point is, it doesn't do our other children any good to have mom in prison.
 


LegalBeagle

Senior Member
InvolvedStepfather said:
Ohio - My daughter's birth father "dumps" her with his mother for most of the visitation period. My wife has stressed over and over that this is not in our daughter's best interest and that HE should spend the time with her. His argument is that he can't avoid the overtime at work. My wife assumes that if it isn't HIM picking her up, that she can refuse to let our daughter leave.

I don't think she has safe legal footing to do this - I understand her frustration, but I think without a court order requiring HIM to pick our daughter up, my wife is risking a contempt citation and/or jail time.

I've advised her to talk to an attorney before she does anything, but she doesn't like to hear that. Point is, it doesn't do our other children any good to have mom in prison.
Generally, a visitation order is between the mother and father. If the father does not show up for visitation, they why should the mother hand the child over to someone else who is not party to the order?

If the father picks up the child and dumps them on someone else, then there is nothing you can do about that.. but you can state that you will only pass the child to the father. What will he do? petition the courts and tell them what a rotten father he is?

She does need to speak with an attorney though..

 

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