missing child visits due to reasons not caused by parent
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missing child visits due to reasons not caused by parent
A general question about a parent missing (not even having 1 a week) child visits due to any other reason, besides the parent not showing up. For example, missing visits due to CPS not arranging transportation on the child's side, the foster parent not providing transportation, etc. Basically the parent is available and wants the visit, but doesn't get it. So the parent may go one week, 2 weeks or 3 weeks in a row without seeing the child at all. What's the law on this? Does the parent have the right to have the missed visit made up?
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- Joined: Fri Jun 27, 2014 9:12 pm
Re: missing child visits due to reasons not caused by parent
As far as what the law is, I would advise that the parent address that question with his or her lawyer.
My experience in this regard has changed. It used to be that visits missed due to circumstances with CPS, transportation, and visit supervisors, were made up at a later date and time. More recently that's changed and make-up visits are not being offered in all cases. No doubt this varies by jurisdiction considerably.
I have no idea what the outcomes would be if the missed visit is due to circumstances with the foster parents; knock-on-wood, we've never been the cause of a missed visit.
It seems to me that if visits are being missed and the visits are court ordered, the court should be notified and given the opportunity to address this. At the very least records should be kept of the missed visits and reasons given.
My experience in this regard has changed. It used to be that visits missed due to circumstances with CPS, transportation, and visit supervisors, were made up at a later date and time. More recently that's changed and make-up visits are not being offered in all cases. No doubt this varies by jurisdiction considerably.
I have no idea what the outcomes would be if the missed visit is due to circumstances with the foster parents; knock-on-wood, we've never been the cause of a missed visit.
It seems to me that if visits are being missed and the visits are court ordered, the court should be notified and given the opportunity to address this. At the very least records should be kept of the missed visits and reasons given.
Re: missing child visits due to reasons not caused by parent
Thanks Aaron,
I asked because I have been seeking legal advice (from actual lawyers) and that issue was brought up by someone at one of the law firms. I didn't even realize that may be possible to make up visits caused by reasons other than parent cancellations or no shows. I will get this confirmed soon, by an actual lawyer. It will at least be documented. Thanks.
I asked because I have been seeking legal advice (from actual lawyers) and that issue was brought up by someone at one of the law firms. I didn't even realize that may be possible to make up visits caused by reasons other than parent cancellations or no shows. I will get this confirmed soon, by an actual lawyer. It will at least be documented. Thanks.
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- Posts: 169
- Joined: Fri Jul 10, 2015 4:53 pm
Re: missing child visits due to reasons not caused by parent
Yes, this is great to show their non-compliance to Court Orders. Visitation is generally Ordered, if not file a Motion to have it Court Ordered. The more you can show they don't follow through and in fact hinder reunification and alienate the parent-child relationship the better for you. You can file a Motion to Compel them to follow the Order, File for Sanctions for not following the Order, but you want to get it on the record.
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