Can a parent allow someone else to exercise his or her custody rights or visitation time? There is nothing more important to most people than their children, but unfortunately as we all know life has several demands on our time. That reality is no different for parents. In a Child Custody case we often have times where someone wants to spend time with their child and exercise the visitation they were granted but that particular weekend or day does not work out the way they would have wanted.
They are a couple of easy fixes for this and in this blog, we will go over some of them. Specifically, we will talk about someone else exercising visitation on your behalf. Like all of our blogs, this is for general informational purposes only and is not intended as a substitute for the advice and counsel of a family law attorney.
First, try to work something out
People too often go to extremes when it comes to a child custody order and in contrast they too rarely deal in the middle ground. What we mean by this is that there are parents who completely ignore a child custody order, and there are other parents who will refuse to deviate from the order to an unreasonable degree. Like most things, typically the right thing to do is somewhere in the middle.
When a child custody order is in place, the parents are encouraged to work together and agree to any changes, deviations, and adjusting for emergencies. This would include for example switching weekend with the other parent, adjusting pick up and drop off times according to life circumstances and a variety of other things that just come up in day to day life. The court does not need to be involved anytime someone’s work schedules changed and they cannot make the previously agreed to, pick up time.
Your family using your visitation
Families involve a lot more people than just a child and two parents. When Courts grant physical custody, it is usually to parents but assumed that the parents will facilitate spending time with their families as well. Meaning, the courts expect when mom has the child, that side’s grandparents, uncles, aunts, and cousins will spend time with that child, and vice versa when dad has the child. Because of this there tends to be many situations where the parent is out of town, away to school or working far from home where their custodial time is used by their family in their place.
**A great example is grandma exercising her son’s custodial time while her son (dad) is away to college.
When contempt becomes an issue
A potential contempt action is something that is far too often used as a weapon or used as a threat, but that is not the way it should be. Criminal contempt and civil contempt only become an issue when one of the parties files a motion and excuses the other party of purposeful wrongdoing. Parents can deviate from the child custody order as much as they see fit for the welfare and well-being on the child. It will almost never become an issue unless one of the parties decides to make it an issue. Parents are encouraged to work things out among themselves.
If you are in need of an attorney for child custody in Charlotte, North Carolina or the surrounding areas, contact us.