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NCP Refusing Visitation

strugglingSM's picture

Can anyone point me to documents that indicate it is ok for a NCP to refuse visitation? 

BM is losing her mind and threatening to sue DH because he does not want to take his visitation right now. 

Mind you, Skids are teens, they do not need a babysitter, but BM views DH's visitation weekends as her chance to have a break. 

I would love some documentation that visitation exists to protect the NCP's right to see his/her children and not to "share the load" with the custodial parent. 

justmakingthebest's picture

I would double check with an attorney but during this time of world wide pandemic- your DH being immunocompromised- I personally believe you are doing the right thing. There are 3 reasons that I believe visitation should NOT occur right now. 1) New baby- they need to be kept safe. 2) Someone in one of the houses has immuno issues. 3) One of the homes has someone with symptoms. 

You guys should be fine. I would grab a doctors note explaining that your DH is just trying to stay alive during this time and send it to BM. I would think his PCP would write it without hesitation. 

hereiam's picture

Well, one can sue someone over anything but she is being ridiculous. A court will not force a parent to exercise visitation. I assume BM has full custody and your DH has visitation "rights"?

And with this pandemic going on and your husband's health, it is especially a non-issue.

simifan's picture

 

I would check your court website. Visitation is a right to be exercised at the NCP choosing. It is not a mandate. Even if it was mandated, I can't imagine a court penalizing your DH for not compromising his health and following social distancing directives. 

  

tankh21's picture

As all psycho BM's the harpy just wants to pawn her teenage spawn off on someone else and if you don't comply she will stop at nothing to try to make your lives miserable and to get her way. IGNORE THE HARPY OP!!!!

Thumper's picture

NCP do not have to exercise visitation. No explanation needed either.

Just tell her no.

Stay safe and keep dh healthy. Don't worry about it ok..your bm is one of many who cant hack being with their kids full time. This pandemic is just one example of it.

Very sad.

 

 

 

 

 

 

 

 

Livingoutloud's picture

NCPs are not legally obligated to keep every visitation. BM just wants a break. Not your problem 

Livingoutloud's picture

NCPs are not legally obligated to keep every visitation. BM just wants a break. Not your problem 

Ispofacto's picture

I'm going to try the broken record technique for your posts.

Your DH needs to stop feeding the troll.  Just stop.  He said No, now he can ignore her.  Period.  Dot.  No more arguing or explaining.  For real.  He needs to stop.

She's already getting more than the guidelines for CS.  She won't get more, especially considering the circumstances.

Seriously, just ignore her.  Full stop.

If the skids ask again, ignore them too.  For real.

 

Rags's picture

Visitation with the NCP cannot be for forced.  I am not aware of any regulation or law that stated this.  It just is.  This really is the primary advantage that an NCP has.  They don't have to take the kids if they don't want to while they CP has to care for the kids if the NCP refuses a visitation.  The CO is paid CS by the NCP to care for the kids on behalf of the NCP.  Do, BM needs to STFU and perform the service she is paid to perform.   
 

Quarantined is quarantined regardless of a COd visitation schedule.  DH needs to stand his ground IMHO.  This is BM's problem.