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There can be legitimate reasons for withholding a visitation. Those reasons must be explained by testimony in a court hearing if the non-custodial parent files a motion for contempt against the custodial parent. The custodial parent should be well prepared with dates and times and reasons for withholding the visit along with witnesses if possible and should be reporting the circumstances to their attorney.
Possible reasons include:
- A court order to that effect.
- Suspicion that the child is being abused or neglected. This must be followed up as soon as possible with a temporary court order until the situation can be fully evaluated by the court.
- The non-custodial parent appears to be under the influence of alcohol or drugs when they arrive to pick the child up.
- The child is very sick.
- The non-custodial parent arrives at an unscheduled time.
- The non-custodial parent does not appear in person to take the child. If they send a substitute without the prior approval of the custodial parent the custodial parent could refuse to allow the pick up.
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Custodial parent denies Noncustodial parent visitation rights in Mississippi?
Unless visitation rights for the non-custodial parent were allowed in the divorce paperwork, the custodial parent is completely within their rights to deny the non-custodial parent visitation....however, the non-custodial parent may sue for visitation rights.
In the case of non custodial parental visitation which parent decides the weekend?
Neither parent; custodial or non custodial decides visitation. Visitation is determined through the courts, and a judge decides when visitation will occur.
How can you deny joint custody to an abusive parent?
YOU cannot deny any custody or visitation. Only the court can make an enforceable decision regarding these matters. State laws vary. If physical abuse is the case, the custodial parent will need a record of the abuse and should call the police, take pictures to record the effects, and try to have dis-interested witnesses present at the time of any contact between the parents. If there is no abuse to the children, or no abuse in the presence of the children, it is unlikely to make any change in the court decision for joint custody. It may compel the court to make some order for supervised exchange of the children for visitation. Only the court can make any decision, especially regarding custody. If the non-custodial parent is abusive to the children it may be very good grounds for a sole custody arrangement. It may also encourage the court to provide for supervised visitation. Visitation is a different issue than custody. Visitation is the means for the non-custodial parent to have a relationship with the children and build that relationship. A court generally regards this as semi-sacred. A custodial parent should NOT deny visitation. If it is necessary to curtail visitation for the real safety of the children, the custodial parent should immediately file a request for a change of visitation. Otherwise, a court may frown on a parent who denies visitation. In some states, continual denial of visitation can be grounds for a change of custody.
What if the custodial parent does not allow the child to see the non-custodial parent even though the court said she can - does the non-custodial parents still have to pay support?
Child support and visitation rights are two entirely different issues. The terms of visitation should have been determined before divorce proceedings and finalized when the divorce decree was awarded. The court generally prefers the parents reach an amicable agreement for reasonable visitation by the non-custodial parent. If specified days/times have been ordered by the court the custodial parent must allow visitation or risk being in contempt of a court order.
Can a custodial parent call children and text them obsessively during their visitation with their non custodial parent?
This could be considered interference and abusive, but the issue will need to be raised with the courts.
Custodial parent denies Noncustodial parent visitation rights in Mississippi?
Unless visitation rights for the non-custodial parent were allowed in the divorce paperwork, the custodial parent is completely within their rights to deny the non-custodial parent visitation....however, the non-custodial parent may sue for visitation rights.
Can the custodial parent deny visitation to the non custodial parent in Washington?
No. The non-custodial parent needs to have the visitation rights enforced by the court if necessary.
In the case of non custodial parental visitation which parent decides the weekend?
Neither parent; custodial or non custodial decides visitation. Visitation is determined through the courts, and a judge decides when visitation will occur.
If one parent has primary custody and the other parent has visitation which one is the custodial parent?
The custodial parent is the parent in which the child resides with. My son lives with me and I am the custodial parent, his dad has visitation rights and pays child support.
How can a child convince a parent to opt out of visitation?
Which parent...the custodial or non-custodial? If the custodial parent, that parent cannot make that decision. It must go before the court and a modification of visitation allowed or disallowed depending on the reasons given. Otherwise the custodial parent may be found in contempt of court which has very unpleasant consequences up to and including jail or changing custody to the non-custodial parent. If you are talking about the non-custodial parent, about all you can do is talk to them outlining your reasons why you do not wish to visit them, and even if they agree with you, again this is something that needs to be presented to the court to protect the custodial parent.
Can a custodial parent deny the visitation rights to non-custodial parent in mobile Alabama?
If the court has awarded you visitation rights, then you have those rights legally and they cannot be denied by the custodial parent.
Can the custodial parent deny visitation to the non-custodial parent if no visitation order is in effect?
Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.
Is the custodial parent responsible to pay for visitation travel expenses when non-custodial parent lives out of state?
If the custodial parent is the one to move, than yes.
How can a non custodial parent with visitation rights receive custody when custodial parent becomes incarcerated?
By applying to a court.
What is the standard visitation for the non custodial parent if the custodial parent has primary physical custody in Tennessee?
SEE LINKS BELOW
If parent is no paying support do the children have to go with him?
First thing..in Indiana...most courts view support and visitation as two separate issues. If the support is required through the courts the judge will ask what the visitation is at that time. However, if the non-custodial parent wants to get visitation without the custodial parents agreement, the non-custodial parent will have to file a request with the court and have a judge issue visitation. If there is no visitation order in place by a judge/court, the custodial parent has no legal requirement to permit visitation. I have dealt with this issue personally as well as my sibling, me being a custodial parent my sibling being a non-custodial parent. So I have seen what happens from both sides. Basically if it something isn't ordered by a judge/court, there is no legal requirement to do visitation or support.
How can the custodial parent stop child support?
Change visitation
