THE COURT PAPERS STATE THE ( THE FATHER SHALL HAVE THE CHILD ON FATHERS DAY FROM 9AM TO 6PM ) IF I AM RIGHT SINCE HE SHOWED UP AT 11AM I DID NT HAVE TO HAND HER OVER ..... MY PROBLEM IS I WAS WRONG ONCE BEFORE AND SO TO SAVE A BIG ISSUE I JUST LET HIM TAKE HER COULD I HAVE SAID NO AND LET HIM CALL THE COPS ?
Family Law Attorney
Even though the order states he shall have the child from 9 - 6 and he showed up at 11 does not mean he was in violation of the visitation order just because he was late. If he is persistently getting her late or not bringing her back on time, you could bring the matter back to Court to modify the visitation order. If you do not let him have the child despite the fact that he showed up late, you will be in violation of the visitation order and could face consequences. To be sure, you should consult with an experienced family law attorney.
Former Prosecutor and Family Court Law Clerk. I am available for phone consultations at (914) 368-2646. This answer is very general and is not intended to be specific legal advice and does not create any attorney/client relationship. Please consult an attorney with the specifics of your case to determine your best course of action in or out of court
Family Law Attorney
I agree with M. Campbell. Visitation is a right, not something which is compelled. Showing up late in this instance, if it is infrequent, does not give you the right to withhold visitation (or type in all caps :-).
If the father called the cops, they would probably not intervene, but he could petition the Family Court for an order enforcing the custody order and finding you in willful contempt, which could at least theoretically result in your imprisonment in extreme cases. If such a petition were brought, and this problem with "hand off" times for visitation was an issue for you, you could petition to modify the visitation provisions.
But generally the courts will allow the non-custodial parent reasonable visitation, even if it's not being fully exercised, to promote family relationships, especially if the NCP is also timely paying any support ordered and is not in arrears.
You may wish to consult a family court lawyer, or engage in the mediation programs offerred by many family courts, often for no charge.
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1. Stop SHOUTING.
2. Denying visitation on Father's Day merely because the father came 2 hours after his visitation window opened is inviting a contempt action.
3. If there are real problems with visitation, such as failing to appear, bringing the child back late or leaving the state, you can bring those before the court if a letter from your attorney does not correct the problem.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
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Child Custody Lawyer
I agree with the previous answers. Moreover, you did the right thing. It is Father's Day. Let him enjoy time with the child and let the child enjoy spending Father's Day with his/her father. Sometimes, it is best to overlook formalities and technicalities. Your child benefits.
Here is my opinion on this subject: http://www.duthelylaw.com/1/post/2013/06/divorce-and-teenagers-minimizing-the-trauma.html
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Criminal Defense Attorney
Absent a forfeiture clause in the order/agreement for substantially late collection, you did the right thing.
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