Question asked on Apr 25th, 2017

Q: Current court order is monday at 8am until wednesday pm. When she is returned, she has a severe rash and bug bites. I have called cps and taken to pediatrician. But no one has stepped in to help. The judge just told me today that he (father) is allowed to maintain his 2 overnights, as long as he sends in pictures of 5th wheel and child’s necessities as well as a lease. I am pretty sure there is no leases on Indian land. Any advice would be helpful at this point. What do I do if he does not send me the proof or file it through the court in one week? Would I be able to withhold visitation until we see our judge again?

A: Short answer: it is never good to unilaterally “withhold visitation” (i.e., defy a court order) absent a true emergency, since very bad things can happen to you in further court proceedings.  It is unclear why things are the way they are, whether you have consulted with counsel, why the judge wants visitation to go forward under these circumstances, and exactly what the last order provides.  Absent that information, any precise response is impossible.  You really need to consult with a family law specialist who can advise you of all possibilities, courses of action, and their cost, risk, and benefits.  Meantime, information about the rules governing custody and visitation disputes can be reviewed here.

Marshal S. Willick
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