A criminal arrest doesn't necessarily abridge most parental rights even in situations where a court order is in effect. Typically, arrests and criminal convictions are used to show personal character and parental fitness in Family Court. Remember, the court is not looking for the best parent - they are looking for the most fit (stability, available resources, and moral character).
However, if the child was present during the criminal act that led to an arrest, parental rights can be temporarily and/or permanently suspended including visitation rights if the court believes there to be an apparent risk of harm to the child.
So a minor marijuana possession offense is less likely to result in modification of any type of visitation orders than a raid where 2 Kilos of Cocaine and several firearms were discovered in your possession.
Upon request of the custodial parent the court may stop visitations or impose supervised visitations. Drug abuse by a parent can be extremely dangerous for a child in their custody.
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.
A parent has visitation rights unless the Judge orders otherwise.If the offending parent gets arrested and convicted the custodial parent can file in court and POSSIBLY have the visitation rights revoked.
No. A parent has parental rights and rights under a visitation order until those rights are modified or terminated by a court order.No. A parent has parental rights and rights under a visitation order until those rights are modified or terminated by a court order.No. A parent has parental rights and rights under a visitation order until those rights are modified or terminated by a court order.No. A parent has parental rights and rights under a visitation order until those rights are modified or terminated by a court order.
If the court has awarded you visitation rights, then you have those rights legally and they cannot be denied by the custodial parent.
What rights do you want?
It's not the parent who decide whether there will be visitation rights or not, that is the court and a parent is not obligated to petition for one. A parent can not be forced to have a relationship with their child. Apart from paying child support.
No. The non-custodial parent needs to have the visitation rights enforced by the court if necessary.
Not if the other parent has joint custody and/or visitation rights.
If the other parent have visitation rights you will need their consent as well as the courts.
Only the court has the power to deny visitation rights.
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.
Yessee link