QUESTION

My sons father has not come to pick him up per the court order since September do we still need to go to the drop off location and wait?

Asked on Dec 03rd, 2014 on Child Custody - Virginia
More details to this question:
His dad never calls or shows..... We go wait for a few minutes or so buy something to prove we were there then leave.... My son is not upset that he is not coming just that we have to keep going and waiting...
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
If the father is not following the court order pertaining to the visitation schedule, then it sounds like the court order needs to be modified, so that you are not under this obligation to take your child to the transfer point when the father is never there.  But since he has a history of not showing up, there is probably little risk in stopping going there and if he complains or take you to court for it, you can start going again and explain that you stopped because he was not showing up. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    
Answered on Dec 07th, 2014 at 1:08 PM

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