Q: Ex and I have court ordered visit schedule but he disappears for months and then expects me to honor it. Do i have to?
My ex is supposed to see my son every other weekend but will disappear for up to 8 months at a time and then out of no where he will call and tell me I need to meet him and give him my son (as it says in the court order) or he'll make a police report saying that i'm not complying with the order. do I still need to follow the order even though he only follows it when he decides he wants to see him? what do I do in that situation?
A: You need to comply with court orders until they are modified or rescinded. If you want the order changed, i.e. to terminate visitation, you need to file a request for order to get that accomplished
A: I agree with Ms. Waxman, the court order is enforceable until it is modified. The Request for Order (FL-300) would need a legal reason stated for the request to modify. It is absolutely not in the best interest of your child's health, safety, and welfare for his father to come and go inconsistently. I would file the request as soon as you can, this is very bad for your son..
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
