QUESTION
What is the non custodial parent's rights when the child cancels a scheduled visit?
Asked on Dec 25th, 2012 on Family Law - Michigan
More details to this question:
My niece was supposed to spend Christmas Eve and Christmas Day with her father, my brother, who is the non custodial parent, in accordance with the court ordered visitation agreement. My niece, who is 12 and lives with her mother, canceled this visit via a letter to her father saying she didn't feel like making the trip, which is about an hour and a half drive. It is difficult to know whether the child was influenced at all by her mother in this decision. Does the father have any rights in this case?
2 ANSWERS
Trusts Attorney serving Mount Clemens, MI
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Stotz & Quayhackx
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The child does not get to make these decisions. At a minimum, your brother should make a parenting time complaint with the friend of the court. Preferably, he should show cause the mother for contempt for the child not coming and seek make up parenting time.
Tom Stotz
Answered on Dec 26th, 2012 at 10:30 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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If the non-custodial parent feels that this visit was canceled because of influence from the mother, or any other reason, he can address this issue in court and ask the court to enforce the order. He may be entitled to make up parenting time or other relief. Consult with an attorney to discuss these issues further.
Eric S. Lumberg
7001 Orchard Lake Rd. Ste. 430
West Bloomfield, MI 48322
248-626-8383 lumberglaw@gmail.com
Answered on Dec 26th, 2012 at 9:25 AM