Basically, does the custodial parent have the right to keep the child from set visitation time with the other party based on the best interest of the child?
IE.., Child is with the custodial parent, gets a major sickness/hurt in the days before they scheduled visit to the other party, does the custodial parent have to FORCE the sick/hurt child to go because "its their time"?
Second: If the child in question is NOT with their non-custodial parent on their visitation days (IE.., Ex picks them up and drops them off and grandma and grandpa's house, then proceeds to go out without them all day/night/weekend) Does the custodial parent have the right to pick them up if they are not going to be with the children 24/7 on "their" day/s?
Thank you for your time!
As to your first question, a court will not likely admonish you for wishing to keep the child home due to illness or injury. If the noncustodial parent brought contempt charges claiming you aren't following the custody agreement, the Court will likely not order contempt. However, if it is constantly happening that the child is always sick when the noncustodial parent has time to visit, then the Court may find it suspicious and order a hearing. Clearly keeping the child home when they are sick or hurt is in their best itnerest, and the best interest of the child is a major standard the court uses.
As to your second question, whatever the noncustodial parent wants to do while he has the child is up to him. As long as he is not doing anything that places the child in danger or likely chance of injury, the noncustodial parent is free to do whatever he/she wishes with the child. However, if the noncustodial parent is engaging in activities barred by the custody agreement (becoming intoxicated, drug use, etc) then the custodial parent should file contempt and modification of the custody agreement due to the noncustodial parents failure to follow the order. However, you can't pick them up because they aren't with the child 24/7.
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As to the first question, it depends. Obviously, a sickness or injury is largely beyond either parent's control and I don't think any judge would a good faith injury/illness as a basis for contempt. Note that I said "good faith": so many people fake sickness for their kids to screw the other parent that it is a question any lawyer worth his/her salt would immediately think it.
As to the second question: No. It's the non-custodial parent's time. How he/she spends it is his/her business.
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