How does a CP show proof to law enforcement or Court that Non Custodial Parent failed to exercise visitation rights?

Asked about 5 years ago - San Jose, CA

Court order states the following : Non Custodial Parent visits on alternate weekends from Fri. thru Sun, that he should also take minor on schedule extracurricular activities on Friday and Explorer police program on Saturday- on his schedule visits, NCP pick up at daughters home.If he failed to take minor to Friday activity twice consecutively or not, then Visitation schedule shall automatically begin 10am on saturday morning. This was added because NCP has a tendency to come in and out of minor's life. NCP failed to exercise his visitations as schedule for 5 months. I made our teenager available to him and would go as far as dropping her off after practice at his home. I had to take daughter to police program.Recently CS dispute has NCP wanting to reinstate original visitation order.

Additional information

Claims he never missed a visit and always took minor to programs, then claims that I never made minor available on his visits. Initially he agreed to switch weekends, i thought that would help. It didn't. Now, he's threatening to come with the police on his next "Friday" visit with court document. How do I help myself and prove that he never exercised his visits and therefor lost Friday's to court or police? i don't want to be held in contemp. Coaches and Police officers knew that that was no show, i had to pick up the pieces of minor's heart when he failed to show, and when I did drop her off, he wasn't home and she had to stay with whomever was there. I have learned that much more laws protect NCP and not enough protect CP, NCP don't have to exercise their visit's. How do i protect my right's in court or when police come? what are my rights? Forgot to mention: Per my Lawyer: I sent a notice to NCP with regards to his lost of friday visits and the need to contact me 48advance if pick up on sat.

Attorney answers (1)

  1. Stephanie Farr White

    Contributor Level 14

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    Lawyer agrees

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    Answered . If he shows up with the police and a court order, the police will read the court order and ask you to give child to dad. You may present them with declarations from the coaches and police officers regarding your child's attendance on the weekends dad has her. Most likely the police will say take it to court and get it worked out there because they can only deal with court orders, but they MIGHT say that to dad and not to you. If your modification for CS (which I am assuming is what you mean by CS dispute) doesn't already ask for a modification of custody/visitation, AND if he hasn't already answered the OSC re: modification, you may be able to amend the OSC to include custody and visitation and get it all handled at the same time -- some courts allow the amendment ... others require a separate filing.

    Stephanie White
    THE LAW OFFICE OF STEPHANIE WHITE
    Simi Valley, CA
    www.805Lawyer.com

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