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Possibly, depending on the circumstances of his non-compliance and whether or not the court feels it would be in the best interests of the child for him to be granted custody. Generally, however, a parent's refusal to abide by court ordered visitation is not favorable unless the non-compliant parent can present compelling evidence to the contrary.

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11y ago
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12y ago

The father must return to court and file a motion for contempt if the mother does not comply with the visitation order.

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Q: Can a father get custody if he is not compliant with visitation?
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Related questions

If a father in Florida is denied the visitation rights can he petition for sole custody?

Being denied visitation or not, a father can petition for sole custody. The two situations are not related.


Does an unwed mother have sole custody?

Yes, the father have to go to court to get visitation or custody.


If the father has visitation rights and has not seen the child can you get full custody and receive child support?

How does he have any visitation rights with a custody and child support order?


What happens with sole custody after the father is awarded visitation in Tennessee?

The mother can still have sole legal and physical custody when the father is awarded visitations. Custody and visitations are separate matters. The mother would be required to obey the visitation schedule.


The father got custody years ago the children are 9 and 14 and he won't let me see them. How old does the child have to be for visitation in Colorado and can I fight for visitation?

Yes of course you can. Visitation rights or shared custody should be settled when they are babies. There should have been a visitation order entered at the time the father was granted custody. There is no age restriction. Unless you were deemed an unfit parent you have the right to a visitation schedule. You should return to the court that issued the custody order and request a visitation schedule.


How do you file for custody if there has been no court order and the mother did not bring the child back after visitation in the State of Texas?

If you are not married and there is no custody or visitation order, she has custody automatically. The father have to prove paternity in court by a DNA test and then petition for custody or visitation. He can then also pay child support.


How does a father go about getting his court ordered rights?

By exercising them and if the mother is not compliant, filing an action against her in the court with jurisdiction. If the court finds she is in contempt, she may be fined or even jailed. If the contempt becomes chronic, the original custody/visitation order may be modified to favor the compliant parent.


Can the biological father of your daughter whom she does not know seek visitation or custody only if you file for divorce from the mother?

yes biological fathers may seek visitation and custody rights


If a father gave full custody of the children to the mother on their divorce papers what right does the father still have to see his children or share custody?

You have the visitation rights that were established in the divorce, and you have no custody rights.


Can a mother with custody move out of state with her child for a better paying job if father has two hourd of visitation a week?

Yes. However, if the visitation is no longer practical, one of the parents may need to file for a modification of custody or visitation.


Can you change your son's last name without his father's permission if you have sole custody and his father has NO partial custody or visitation rights?

Yes you can. The legal guardian decides.


Can the mother loose rights if she legitimizes her child?

The father might seek visitation and/or custody.