Legal Question in Family Law in New York
visitation rights and responsibilities
If the mother has custody and the father has bi-weekly visitation on weekends is it the father's responsibility to transport the children. Case is as follows: Mother transports children to and from school, sports, activities, recreation, etc., then father tells mother he will not pick up kids, mother must drive kids for their visitation? Can mother refuse and not have it held against her? Can she tell father it is his responsibility? Of course she doesn't want to upset the children, but traveling right now is very costly and she has all other responsibilities on her shoulders. What can she do?
2 Answers from Attorneys
Re: visitation rights and responsibilities
While the issue is not addressed, it is ordinary custom that the parent with visitation has the right/obligation to provide transportation for the child unless visitation is supervised.
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Re: visitation rights and responsibilities
You have my sympathies in this matter. It is tough having all of the transport responsibilities when you are a single parent.
The courts often, but not always indicate in the 'order of visitation' (which may be contained in the order of divorce/divorce decree) how and who shall deliver the children for visitation.
If your situation is not addressed in the order, then you are on solid legal grounds to ask the father to pick up/drop off until there is an agreement between you or a court order determining this issue. (You will not get into trouble or be 'in violation' to ask the father to pick up/drop off.)
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