VISITATION? EVEN IF THE NON CUSTODIAL WAS RUNNING A HOUR LATE?NON CUSTODIAL LIVES A HOUR AWAY AND NOTIFIED CUSTODIAL THAT HE WAS RUNNING LATE AND SHE STILL WOULD NOT ALLOW HIM TO GET HIS DAUGHTER
You can try to hold them in contempt, but courts are more inclined to allow make up time or enter other orders to enforce visitation than to hold someone in contempt over denial of a visit.
Calling to advise of being late should help, but being an hour late is outside how long most courts say one must wait if the other is running late. Follow the Decree, if it says something about enforcement, or communication, follow it. Instead of filing an Application for a Contempt Citation, for a denial of visitation, you are usually better off filing a Motion to Enforce visitation, these are supposed to be heard within 21 days and resolved within 45 days of filing.
The law provides a number of remedies, make up time, and even up to and including a change in custody.
Mr. Wagoner is spot on with suggesting your situation seems far more appropriate for a Motion to Enforce Visitation than seeking contempt for a one off visitation issue. The only faster and less expensive resolution is if the two of you can work it out informally over a telephone call or a cup of coffee.
A custodial parent cannot withhold visitation from the non custodial parent without sufficient grounds. Running an hour late, would likely not be considered sufficient grounds in the eyes of the court.
Until recently the best way to address this situation was through a citation for contempt. However the legislature has now made a specific remedy for this situation, a motion to enforce visitaiton. The remedies are much more specific to the issue of withheld visitation.
I encourage you to contact a local attorney familiar with family law and discuss the specific details of your situation so you can better understand what options are available to you. When it comes to your rights as a parent or those of your child, you can never go wrong seeking professional counsel. The court system is complex, especially in the area of child custody/visitation and you should do everything possible to protect your rights and ensure the best possible outcome, for both you and your child.
This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information be provided. You should consult an attorney for more specific guidance related to your case.
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