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Can my sons father lose his visitation right by refusing to come get him?

Springfield, OH |

He has claimed that he had plans that he could not change and refused to come pick him up for his court ordered visitation time. He also also been hours late as well as claiming that our son is to sick to take with him when he is not. Also he has claimed that he is not picking him up because of a rash on his skin.

Attorney Answers 2


  1. If you are custodian, you keep the child if the other parent doesn't show for their visitation. They forfeit the visit they missed--but that's it. There isn't any permanent forfeiture for missing a visit or visits--it's just their loss of time with their kids. Good Luck.

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  2. Unfortunately, you can't make someone do what is right and visit their child. However, if the Father's lifestyle presents a danger to the child then you may consider modifying his visitation. I would suggest you consult with a divorce lawyer in your community to review your divorce papers and see if there is something that may be filed. For example, if your son is displaying a great resistance to visitation take him to a qualified counselor to see if there is a reason to change the original court order. Good Luck!

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