Legal Question in Family Law in Missouri
visitation not adhered to
Non-custodial parent does not pick up children on scheduled visitation times. They come by at other times (during the scheduled visitation) and take children for a few hours. I am never notified in advance, but sometimes the children know (they do not always remeber to tell me). I have asked ex to talk to me and let me know what plans they are trying to work out, to no success. If I am not at home after the scheduled pick up time - am I am contempt? Do I have to make the children available during the entire time of scheduled visitation?
1 Answer from Attorneys
Re: visitation not adhered to
I can tell you that this is a very common problem, and your question is a good one. First, an attorney should review your own particular Court Order to see if there are any specific terms that deal with this problem. If you had a "Parenting Plan" approved by the Court, there may be something pertinent included in the Plan.
Without knowing the specifics of your own case, I can not provide you with "legal advice", but I can tell you that the general law in Missouri seems to be that the custodial parent must allow the other parent "a reasonable time" within which to pick up the children aqfter the start of the visitation time period. What is "a reasonable time" may vary. It is certainly not the law that you must wait indefinitely for the entire visitation period. However, you should be cautious not to give the other parent any reason to complain to the court that you are not complying with the Court Order or not allowing the visitation unless the other parent is exactly on time. Often in cases such as yours the Court may enlist the services of Domestic Relations Services (in St. Louis County) or some other agency to assist with the transfer of children from one parent to the other. Some jurisdictions even have "safe houses" or places where the children can be exchanged without any contact between the parents. I suggest that you advise your ex of your concerns in writing and give him an opportunity to comply with your needs. If this is unsucessful, then I would look into your other options. It seems obvious that taking this problem back to Court should be considered if at all only as a last resort. Good luck.