Holiday Visitation

[Brandiu]

Hi. Can anyone tell me in South Carolina is there a statute on missed visitation? I can't seem to find anything online. It's my ex's Thanksgiving and he didn't contact me or come pick up our 11yr old daughter on Tuesday (last day of school before holiday) or even yesterday. We have always split Thanksgiving so she would be coming home tomorrow around 3. Thursday is his "regular"visitation day so I have a feeling he thinks he is getting her tomorrow as usual. I didn't contact him because we have been divorced and on this same schedule for 6 years...he should know the schedule by now. I'm not his mom.
Just curious if the same law applies in SC as I've seen it in other states.

 

[army judge]

Failing to exercise visitation isn't a cause for legal action.
All the law cares about is the the parent under a support order, pay the court ordered support to the custodial parent for the child(ren), as issue of the marriage.

 

[adjusterjack]

Just curious if the same law applies in SC as I've seen it in other states.

What law?

What is your goal here?

 

[Brandiu]

Sorry I was not clear. I know holiday visitation trumps regular visitation. He was supposed to have Holiday visitation from Tuesday at 6 until today at 3, when she would come home. I didn't hear from him until today at noon that he wanted to come pick her up and was going to keep her because it was his "normal visitation time". My question is, I've seen in other states that if you are say an hour or more late, or fail to pick up for scheduled visitation then the said visitation is forfeited. I'm wondering if that is true in South Carolina as well.

 

[army judge]

Sorry I was not clear. I know holiday visitation trumps regular visitation. He was supposed to have Holiday visitation from Tuesday at 6 until today at 3, when she would come home. I didn't hear from him until today at noon that he wanted to come pick her up and was going to keep her because it was his "normal visitation time". My question is, I've seen in other states that if you are say an hour or more late, or fail to pick up for scheduled visitation then the said visitation is forfeited. I'm wondering if that is true in South Carolina as well.

The law expects two adult parents to work that stuff out between themselves.
There are no statues that specifically address your concern.
The law won't penalize the other parent for failing to exercise an option.

If you're bound and determined to "show that dude", you are free to petition the court that issued your custody order and request to have "dude" sanctioned.

Trust me, you don't want to do that in this situation, just because you can.

Why?

Because there will very often be "blowback" on the person initiating the petition.

 

[leslie82]

Hi. Can anyone tell me in South Carolina is there a statute on missed visitation? I can't seem to find anything online. It's my ex's Thanksgiving and he didn't contact me or come pick up our 11yr old daughter on Tuesday (last day of school before holiday) or even yesterday. We have always split Thanksgiving so she would be coming home tomorrow around 3. Thursday is his "regular"visitation day so I have a feeling he thinks he is getting her tomorrow as usual. I didn't contact him because we have been divorced and on this same schedule for 6 years...he should know the schedule by now. I'm not his mom.
Just curious if the same law applies in SC as I've seen it in other states.

That's his own fault. He doesn't have to utilize his visitation.

No if Thanksgiving was his holiday that trumps regular visitation so if he missed out on his holiday and gave no call or no show that's his problem. I wouldn't give her over tomorrow if he asks.

No you don't have to contact him. He doesn't have to show up but if he does you have to abide by the order. That's it.

 

[Brandiu]

The law expects two adult parents to work that stuff out between themselves.
There are no statues that specifically address your concern.
The law won't penalize the other parent for failing to exercise an option.

If you're bound and determined to "show that dude", you are free to petition the court that issued your custody order and request to have "dude" sanctioned.

Trust me, you don't want to do that in this situation, just because you can.

Why?

Because there will very often be "blowback" on the person initiating the petition.

Not sure what part of my question made you interpret that as I want to "show that dude", nor did I even use the word "dude". That by no way was the intention nor did I portray it to be that way. No where did I say I wanted to have anyone sanctioned or penalized either.

It was simple question as to the law in SC vs other states.

 

[Brandiu]

That's his own fault. He doesn't have to utilize his visitation.

No if Thanksgiving was his holiday that trumps regular visitation so if he missed out on his holiday and gave no call or no show that's his problem. I wouldn't give her over tomorrow if he asks.

No you don't have to contact him. He doesn't have to show up but if he does you have to abide by the order. That's it.

Thank you for THIS reply. That was the other part of my question...she didn't want to go in the first place and did I legally (in SC) HAVE to make her go for the remaining 3 hours of his Thanksgiving visitation, with out being a total jerk. If she had wanted to go I would have happily allowed her to. She didn't, he didn't plan, didn't call and didn't show so I didn't force the issue.

 

[army judge]

Not sure what part of my question made you interpret that as I want to "show that dude", nor did I even use the word "dude". That by no way was the intention nor did I portray it to be that way. No where did I say I wanted to have anyone sanctioned or penalized either.

It was simple question as to the law in SC vs other states.

You got a free response.
You don't like the free response, which remains my opinion, hire yourself a SC licensed lawyer and allow him or her to tell you the same thing I did for $1,500, maybe $2,000.

At any rate, closing this thread as its been answered.