I live in Illinois and have Sole/Full custody of my 12 yr old son and his father gets bi weekly court ordered visitation on Sundays only from 10am-8pm. Two weeks ago he was an hour late picking up my son without calling to notify me and this recently passed visit (7/21/13), he did not show up to get him at all also with no call or any kind of notification he couldn't make it. Is this considered forfeiture of all visitation going forward, contempt of court or anything like that? Do I have to send my son with him on the next scheduled Sunday after this and if not, how can I go about that in an official way that protects me from penalty?
2 Answers from Attorneys
You son's father does not have to exercise his visitation. On the other hand, as long as there is a court order in place giving father visitation rights, you must make the child available and turn him over during these times. IF you want to change that, you must petition the court to modify its prior order.
You must modify visitation to stop it.