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

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.

San Jose, CA -

Attorney Answers (1)

Stephanie Farr White

Stephanie Farr White

Family Law Attorney - Simi Valley, CA

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
Simi Valley, CA

DISCLAIMER: The above is not legal advice nor does it establish an attorney-client relationship with the person posting the question or any person reading the above. There is no attorney-client relationship between any reader and this writer or her firm. These comments are not subject to any privilege protections. They are neither privileged nor confidential. The information is general only and should not be relied upon in any specific case. Accordingly these comments cannot be relied upon as the law and the facts may differ from those with which the reader of this communication may be dealing.

The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

Related Advice

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.