"Fast and Furious" star Tyrese was denied visitation of his daughter on Tuesday, with the girl's mother claiming the child was sick.
Tyrese arrived at Norma Gibson's North Hollywood home to pick up their 6-year-old daughter when he was greeted by the Los Angeles Police Department (LAPD). According to TMZ, Gibson called them even before Tyrese arrived so that the po-po could view her child custody order.
Can Tyrese really be denied visitation if his daughter is sick?
Different Types of Visitation
Every couple's child custody situation may be slightly different, but they look all too similar whenever there is a fight over custody. TMZ reports that Tyrese plans to ask a judge to hold Gibson in contempt of court for violating their child custody order, claiming that the "sick" excuse was nothing but a ploy.
There are any number of ways in which parents can use custody of a child to frustrate the other, but these efforts to annoy aren't necessarily illegal.
In general, a parent who doesn't have custody can still visit his or her child with:
- Reasonable visitation. A judge may order that one spouse is entitled to visitation whenever both parents agree is reasonable.
- Fixed visitation. If reasonable visitation isn't a good fit, a judge may carve out specific times for a non-custodial parent to visit his or her child. Tyrese and his daughter may already have this sort of schedule given his acrimonious relationship with Gibson.
- Supervised visitation. When there is evidence of abuse or drug use, a court may order a third party to supervise the non-custodial parent's visitation time.
Regardless of what kind of visitation rights Tyrese has, interfering with his visitation of his daughter can mean a visit to a family court judge.
Special Conditions in Visitation Orders
A visitation schedule or order can anticipate untimely circumstances like a child's illness. In fact, in California, the courts provide a number of additional provisions which can be added to a custody/visitation agreement, including when a child is ill.
Visitation conditions like these are best worked out by a child custody mediator, who can help both parties reach an agreement on how visitation will work when a child is sick. To learn more, consult an experienced custody and visitation lawyer near you.
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