Legal Question in Family Law in Pennsylvania

I won visitation rights with my grandson. At the conference it was written that I would have hime the second weekend each month and various other times. I told my grandson's mother I would not be picking him up next weekend due to the fact I will have him for 6 days at christmas time. I live in another state. She said that I have to pick him up next week,that it is court ordered. Am I obligated to do so if there is a problem, such as bad weather or me being ill, etc.


Asked on 12/06/09, 3:40 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

You have visitation rights not duties. Since there is no duty to visit.

Rights are some thing you may do but do not have to do. A good example is voting. You have the right to vote. You can if you want but if you don't the sheriff doesn't come and make you.

Duties are things you have to do. A good example is jury duty. If you are summoned you have to show up. If you don't you will be getting a visit from the sheriff who if need be can use force.

So while you have the right to be with you grandson you don't have to. That said if you are not planning to exercise your rights it's good manners to notify the custodial parent as soon as you know that you won't be able to enjoy the period of partial custody. One, so they don't make their plans on you taking the child. Two, so that the child doesn't get disappointed on your not showing up.

I suspect that what you have is the rights to periods of partial custody not visitation. It's more than legal semantics. After all you don't come for a visit you come and take the child elsewhere.

I hope that clears things up. Now you have to convince the child's mom.

{John}

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Answered on 12/11/09, 1:56 pm


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