Is a father legally able to keephis child from his mother and leave the child with another person while at work during his visitation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a father legally able to keephis child from his mother and leave the child with another person while at work during his visitation?
I have full physical custody of my son and his father has visitation. Our court ordered visitation says that the father has visitation on Wednesday from 5-7:30 pm, and may keep our son overnight if he does not have school the next day until 7:30 pm Thursday. He has been keeping him overnight and he will leave our son with his girlfriend all day Thursday and refuses to let him come home. Is he legally able to do this?
Asked on July 28, 2011 Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Well, maybe. If he is entitled to have his son for the entire next day then y can not dictate the terms on which he leaves him, unless he leaves him in an unsafe situation (like alone). But no more can he tell you how to handle your time with him (say you need to run errands and have to leave him with a sitter as well). I think the fact that he is leaving him with his girlfriend may be playing in to your feelings here. He is not "keeping him from his mother" as you put it. He is exercising his right to visitation. Keeping your son from you would be refusing to return him at the time designated in the order. Re-think this for all involved. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.