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Can i refuse visitation to the noncustodial parent if they are living in a hostile & unstable environment?
Anonymous4 views3 answers
My ex is scheduled to have our kids (16 & 12) for 3 weeks soon. His girlfriend has kicked him out several times, as recently as 2 days ago at 4 am. the kids never have a good time because the adults are always fighting. He violated the terms of our agreement by not giving me the requested dates for his 3 weeks in writing by April 1, but i was going to let them go visit in good faith. It is a hostile & unstable environment. I am trying to be reasonable but I dont want to send my kids over there where they dont enjoy visiting with their dad and she has kicked them all out before.
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
I agree with Mr. Nemiro, if the environment is unsafe, you should not send your children. The father's home being a "hostile & unstable environment" is not a valid reasons to withhold the children from their Summer timesharing with their father.
If you fail to abide by the court ordered timesharing schedule you risk being held in contempt of court.
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You must have "proper cause" not to send the children. If the children are in harm's way by going there a judge may find that proper cause exists. You can file motion to terminate summer timesharing but getting a hearing any time soon is not likely. If you choose not to send the kids without benefit of a court order, you run the risk of facing a motion for contempt and would need to explain the situation at that hearing. So, what you really need to do is talk to a lawyer to discuss facts in greater detail. Many of us that work in Duval County offer FREE consultation - take advantage.
