Mid Week Visitation (Dinner) for Non-custodial Parent

Updated on September 11, 2010
A.M. asks from Mooresville, IN
9 answers

I need to know if anyone knows the rules or guidelines about the transportation for the mid-week visitation. I have full custody of my daughter, my ex is allowed 2 mid-week visitations (dinners). Is he responsible for picking her up and bringing her back or does he pick her up and I go and get her or do we meet? I provided a little "back-ground" below and what happened the first mid-week visitation after our court hearing. We are still waiting on the papers from the court with what all was agreed on etc. but I am wanting to know if anyone knows the rule. The guidelines haven't been too helpful in this area. Thanks in advance!
My ex and I just went to court last week for modification of child support and he wanted an additional mid-week visitation. Prior to the court date, he had been getting our daughter every other weekend and the mid-week visitation, he would come and pick her up about 530 or 6, take her to dinner and bring her back home about 730 or 8 PM. I told the judge I didn't see any problem with him having an additional mid-week visitation with her as long as it didn't interfere with any after-school activities she had already chosen or wanted to be in (she is in 2nd grade and is starting Girl Scouts and wanted to try softball and maybe another sport in the spring). The judge agreed that as long as the mid-week visitations didn't interfere with any of her activities or he would have to take her to and from said activities, he would be granted the additional mid-week visitation. So great, he gets to spend more time with her throughout the week, a couple of hours and she can still get her homework done and get a good nights sleep, right? No. The first night he calls demanding to know where I was and telling me I was late dropping her off, she was suppose to be there 15 minutes ago. I asked him what he was talking about- he said the parenting guidelines (which- side note here- he claimed all though-out court he was nieve to them up until recently and I was "hiding" the truth about when he could have his daughter- whatever, he has had the same information, he has eyes, he has a brain, he can read- ugh, anyway) said he was suppose to have her from 5pm to 9pm or for a minimum of 4 hours a night and I was already late. I told him I work until 5 or 5:30, which he knew, so if he wanted to come and get her like he had been doing, by the time he got here, she would be finished with her homework and would be ready to go. He refused and after 30 minutes of back and forth arguing- mostly him being demanding and saying how I was refusing to let him see his daughter, he said he was calling his lawyer and hung up. So I figured he was not coming to get her. After 15 minutes, he calls and says he is on his way to get her and I will be responsible for coming to his house to pick her up at 9pm, I told him she was to be returned back home by 9pm. Anyway, we never agreed and I was pretty much forced to go and pick her up at his house at 9pm and she didn't get back home and in bed until 9:45pm that night and was a bear to wake up the next morning. The thing is there is no reasoning with him, he doesn't see that he is only hurting her by refusing to allow her to come home earlier to get a decent nights sleep.
I am still waiting on the paperwork from our court date to see if it clarifies the transportation of the mid-week visitation, because the parenting guidelines are not very clear, they do have transportation guidelines but it doesn't say if that is only for the weekend or extended/overnight parenting time- which I am thinking it is. The wording for the mid-week visitation is "One (1) evening per week, preferably in mid-week, for a period of up to four hours but the child shall be returned no later than 9:00 p.m." That last part there, where it says " the child shall be returned" the returned part makes me think that he is responsible for bringing her back, not me driving clear across town to go and get her. Like I said before, any help or advise is greatly appreciated! Thanks!

What can I do next?

  • Add yourAnswer own comment
  • Ask your own question Add Question
  • Join the Mamapedia community Mamapedia
  • as inappropriate
  • this with your friends

So What Happened?

It's been a couple of months now and things are a little better. We meet somewhere in between (actually a little closer to me) for pick up and drop off. The past couple of weeks he has either not gotten her at all for his mid-week visitations, only gotten her one day, or has come to a restaurant in town for dinner only. I am keeping track of all of this so when we go back to court, I am going to push to have it changed back to once a week since he still insists on keeping her until 9pm on the nights he does get her and is not returning her to home. Thanks!
ps- we did meet with a lawyer here in town that was recommended to us about this back in September but she was no help and was a little rude about it and unfortunately our income is tighter since I am now a SAHM (which I love and would not change for any amount of money) so right now we can't go back to try another lawyer.

More Answers

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

R.J.

answers from Seattle on

Sounds to me like he called his lawyer and his lawyer said you weren't responsible for dropping her off.

Personally, I'd also call YOUR lawyer.

To me (not a lawyer) it sounds like the judge ordered a "ditto" of the other midweek visitation. Meaning that since the practice was for your x to pick up and drop off, that reasonably one could expect the same conditions to apply.

ALSO it might be handy for your lawyer through your x's lawyer to highlight the verbiage is MAX (as in "up to") of 4 hours, not "must be" or minimum of. Also that if your ex doesn't return your daughter BY 9pm (as in threatening to keep her overnight/ not returning her unless you come get her) that he would be violating the agreement. Which could get the whole thing struck.

So yah... talk to your lawyer.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

A.H.

answers from New York on

it says returned.... i would call your lawyer.. and clarify that it has to say.. what time he is to pick her up.. tell the lawyer that he is giving you are hard time because you work.... my friends have this arrangement.. and he pick his daughter up from day care.. and he has her back at 8:45 or 9.. being any later would hurt her.... because she needs her sleep.. and yes it does say returned!!! so if he doesn't return her by 9... you can call the police... which you don't want to do.. but he would do the same thing to you... so i would tell him.. it says returned by 9.. and if he doesn't do this.. you will call the police... also tell him to pick her up from daycare or aftercare.. and have her do homeowrk with him..

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

R.D.

answers from Kansas City on

Talk to your attorney. My feeling is that if he wants her, he should do the driving BOTH ways and have her home well before bedtime (so she can wind down, get into jammies, brush teeth, etc). If the wording says exactly what you quoted above, then it does look to me that he has to at least drop her off, which suggests he pick her up as well.

If it also says "UP TO four hours," this means any amount of time up to four hours (not exactly four or at least four hours), so anything from five minutes to three hours 59 minutes is acceptable.

Talk to your attorney to get everything clarified so everyone is on the same page. HTH-GL!!

L.M.

answers from Dover on

Typically the visiting parent is responsible for transportation unless something different is spelled out...such as in long distant visitation where it is split.

It doesn't say he gets her for 4 hours but UP TO 4 hours and must be returned by 9 pm....to me that means home by 9 pm. In second grade, I would think she should be getting into bed by 9 pm. Since you don't get off until 5 PM, could you two work it our that he pick her up around 4:30 and have her home by 8:30 (or worse case you pick her up at 8:30 and have her home before 9).

S.L.

answers from New York on

being out till 9 or almost 9 is NOT appropriate on a school night for a second grader! twice a week! Ask the teacher if he/she noticed and if so to write a note saying she was tired in school the next day. Copy the note for father ( and judge if needed). Try talking to Dad explaining 9 is too late cuz you need to have an arrangement which doesnt interfere with her schooling. Maybe the father will be understanding and get into a routine once you iron out details If that doesnt work Tell the lawyer she is too tired and ask to have it changed to say no later than 8:00 (then you can easily deal if he is a few minutes late or the occasional special occasion. )

K.I.

answers from Spokane on

When my SS's were little we had a Wednesday night "dinner" like you...we were responsible for picking them up AND returning them. Weekend visits stated the receiving parent picks up kids...meaning on Friday when we were getting them we picked them up and on Sunday when she was getting them back she picked them up.

I must add, that once the kids were both in school we dropped the Wednesday because it was a hassle to get them, take them to dinner, then return them in any reasonable amount of time (with Hubby not getting off work til 6pm) and then add in homework and after school activities...it was just to much and didn't work well for any of us, kids especially!

My guess is, the EX will be responsible for both picking up and dropping back off.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

B.O.

answers from Portland on

Since it is not specific on the support order it is up to interpretation on both sides. But, I think anyone with a shred of common sense would realize that she should be returned to her home by 9pm. If you have a set of transportation guidelines, I would go with that until things are clarified.

What a jerk, sorry you have to go through this.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

A.H.

answers from Chicago on

Don't make this harder than it is. Ask your lawyer what to do. If there is no set "language" in the court order and you work until later than he likes; he either picks her up or he sees her later. You can always pick her up at 9:00 p.m. if need be. Your "Ex" is an ex for a reason and I think we can all see why. God Bless.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

S.D.

answers from Grand Rapids on

We have a similart situation. We have stepson 2 nights during the week. As much as I disagree with the courts, and feel that each parent should drive one way, the courts in michigan have different thoughts. we asked one time, and we were told that the courts have an unspoken rule that the non custodial parent is responsible for the driving both ways. We can change it and list in the documents that driving is shared, but we know the mom is NEVER on time. Even when she says she will pick up her son from us, sometiems instead of 7.30 it's almost 9 before she gets him. For us, it's easier to just do the driving, and know he is home when he should be, and we aren't left in limbo all the time wondering when she will get him.

if there is transportation guidelines, those will be for ALL vistation, and not just weekends/overnights. And use it says returned by 9, but that can still mean that you ahve to get her. So read the transportation guidelines and speak to the lawyer or the courts. i can be fairly positive that the order isn't going to state anything about transportation unless you asked for it to.

For Updates and Special Promotions
Follow Us

Related Questions