Q: Family law - can someone explain what exactly this means...
"Further, if a parent due to unforeseen circumstances, cannot exercise parting time with the minor child although that parent shall not be entitled to replacement time, such failure shall not be deemed a waiver of any provision of this parenting time plan." - my sons dad is in a drug rehab facility and is demanding that I still take my son over to his parents while he's away since our order states "drop child with other parent or their choice of child care provider." However the first part of this statement states that so since he's in rehab and unable to be present for any amount of his visitations, am I still entitled to take my son over to their home even though my sons father will not be present?
A:
Your question is a little confusing because you mention the child's dad "demanding" but then later ask if you are "entitled." From what I can gather from your question, the child's dad cannot demand that you take the child to his parents' home. Unless the grandparents were assigned custodial rights, they have no right to visitation. The parenting time was designated in order to maintain the relationship between your son and his father, not between your son and his paternal grandparents. That said, if your son enjoys spending time with his grandparents, you believe he is safe when he is in their home, and they still wish for him to visit them; there is no reason for him NOT to do so. If your question involves requiring your son's paternal grandparents to provide free childcare, then no, you are not "entitled." I do not believe that is what you are asking, merely addressing the point just in case.
I wish you the best. If your son is safe at his grandparents and they want to see him, I would suggest you use that opportunity for some "me time." It sounds like you have plenty of stress in your life; focusing on you every once in a while increases your chances of maintaining your sanity (and not doing something to require a post in the "criminal law" section of this website).
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