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Only the court has the power to deny visitation rights.

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โˆ™ 2008-06-26 07:44:50
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Q: Can a custodial parent in North Carolina deny visitation with the noncustodial parent because the noncustodial parent moved out of state for work?
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Can a custodial parent in North Carolina deny visitation to the noncustodial parent because he failed to pay child support?

no, and of the two, denying access is by far more damaging to the child and society as a whole, see link below.

Can a court in new york deny visitation with the noncustodial parent because the noncustodial parent moved out of state for work?

No, but the orders need to be modified. see link

Can a noncustodial parent stop the custodial parent from moving?

This is hard to answer because there can be many variables involved. The noncustodial parent may contest the move and take the custodial parent to court to show cause. But it may not be possible for the noncustodial parent to actually prevent the move unless the move is out of state.

Can a child that's 14 years old decide not to see his noncustodial parent because he is scared of him?

No. That issue must be brought before the court by the custodial parent with a request for modification of the existing visitation order. The court will investigate the matter and render a decision.No. That issue must be brought before the court by the custodial parent with a request for modification of the existing visitation order. The court will investigate the matter and render a decision.No. That issue must be brought before the court by the custodial parent with a request for modification of the existing visitation order. The court will investigate the matter and render a decision.No. That issue must be brought before the court by the custodial parent with a request for modification of the existing visitation order. The court will investigate the matter and render a decision.

Is a custodial Parent required to send clothes to the noncustodial parents home?

depends if they pay child support. if they do then yes because kids clothing is not cheap

Can your 13 year old son refuse to see his non custodial parent?

If there is an order of visitation it must be followed unless to do so would place the child in a position of endangerment. If the custodial parent believes the child would be in jeopardy the custodial parent should contact the court immediately to request a change in the visitation order. The custodial parent should never disobey a court order of visitation simply because the child does not wish to see the non custodial parent. To do so could be seen as contempt of court and serious consequences could arise. If there is no court order the custodial parent can decide whether or not visitation should be allowed and if allowed the terms under which it will occur.

Can a non-custodial parent lose visitation rights if they continually miss their court ordered visitation?

Merely because the non-custodial parent is unable to attend the court ordered visitation, it does not mean that he or she will automatically loose his or her visitation rights. If the non-custodial parent is unable to attend the court ordered visitation, the non-custodial parent can request the court to change the visitation hours to suit his or her schedule. However if the non-custodial parent fails to make an application for changes to the visitation hours, the custodial parent may apply to the court for sole custody. Legal Disclaimer: The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.

If the non custodial parent isn't watching or spending time with child during visitation and is out drinking until all hours can visitation be denied?

No. You can petition the court to modify the visitation order because of those things, but until the court does so, you do not have any right to deny visitation.

Can the custodial parent denied visitation because unknown address of non-custodial parent?

For safety reasons the custodial parent should know where the child will be in case something happens to the non-custodial parent or if the child is not returned. If the non-custodial parent won't cooperate the custodial parent should return to court and request a court order.

Can a custodial parent stop the non custodial parents visitation if they are behind on child support?

No. Visitation and child support are 2 separate issues and changing any of the court orders you have to go back to the court that issued them. There might be good reasons why a parent can not pay all of a sudden and denying the child a parent because of it is not in the best interest of the child. Visitation is not an award for paying child support.

What happens if custodial parent notifies non-custodial parent of relocation via certified letter and non-custodial parents neglects to file injunction to the relocation in a timely manner?

The custodial parent is legally free to relocate. This is because the noncustodial parent's argument as to why the relocation should not happen has not be presented to the court in time for the hearing and therefore the court will grant the custodial parent's application to relocate unopposed.

What is noncustodial home health care?

Non-custodial home health care refers to home health care performed in a patient's home, at one of his relative's home or a friend's home on an outpatient basis. It does not refer to care in a nursing home because that is custodial care.

Can a parent be in contempt of court for not allowing a non custodial parent visitation because she wont give her new address?

Yes. If the non custodial parent is denied visitation as outlined in the court order than the custodial parent is in contempt. Perhaps you should also establish a neutral exchange site and request the each parent notify the other parent within 48hrs any change in address or phone number. The custodial parent should know where the child will be when she is with the non-custodial parent. If something should happen to the non-custodial parent the custodial parent should know where to get the child. Wanting to keep that type of information secret shows a problem of non-cooperation and a parent who is not thinking of the best interests of the child.

What if custodial parent cannot afford to bring child to visitation every week?

Immediately notify whatever court issued the visitation ruling. Perhaps it will be modified because of your situation. Be careful! If youre not complying with the order(WHATEVER the reason) you could be held in contempt of court).

Do i have to tell the non-custodial parent that i am moving out of state with our child if he isn't paying child support?

In Most states child support is separate from custody. Even if the non custodial parent is not paying child support he / she can request to visitation. because the parent is in arears does not hinder him / her the right to visit the child. both visitation and support are doen separately. Uunless there was a divorce that stipulates the arangement.

Why does a non custodial parent pay for child support to the custodial parent when they live together?

Because you are not married and filed for child support. You have to pay child support to one parent and that has to be to the one with custody. If you both had 50/50 custody it could look differently but you only have visitation.

What right does a non custodial parent lose when they are incarcerated and pay no support?

Non custodial parents do not lose any rights when they are incarcerated and pay no support. Since they are incarcerated they usually cannot see their children because they are locked up but they did not lose the right to have visitation once they are released.

If a 16 yr old living with a primary custodial parent does not want to visit the noncustodial parent who has joint custody can the noncustodial parent force the 16 yr old into a week long visit in IN?

hello I am going through the same thing, my son is 16 years old and doesnt want to visit his dad because of his inconsistency of being involved in his life his father has just filed for visitation rights and I dont know whats going to happen. I hope the court listens to my sons wishes, even if he decides to visit only sometimes

If a parent has sole custody of a minor child who claims that child on their taxes?

Usually the custodial parent when all of the rules are met by the custodial parent and the qualifying child to be claimed as a QC dependent.Go to the IRS gov web site and use the search box for Publication 17 go to chapter 3Qualifying ChildResidency Test Rule 3Children of divorced or separated parents or parents who live apart. In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true.Custodial parent and noncustodial parent, The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent.Equal number of nights, If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income.You can click on the below related link for more information and examples.

What age can a child decide if they want to go for visitation in Idaho?

It is not up to the child to EVER decide if they want to go to visitation. Visitation is court ordered and the other parent has the RIGHT to see the child. As long as the visitation order is in effect, the child must go to the visitation. This is because parents plot and scheme and brainwash their children into believing that the other parent is the anti christ (custodial parents). Both parents should be encouraging a productive relationship between any child and their other natural parent. The child can decide to do whatever they want when the court ordered visitation expires or they reach the age of 18.

Is unemployment of the custodial parent used to determine child support?

No. Support amounts are based upon the income and assets of the non custodial parent. The amount is not increased because the custodial parent is not employed because the money is for the support of the child not the custodial parent.

Your grandson is adopted by a couple in North Carolina you live in NJ Can you obtain Visitation rights in NC?

No, because they are no longer your legal grandson.....It is up to the parents who adopted the child to decide if they see you or not.

Should a noncustodial parent keep their child the entire time of visit or can they drop them off early?

That is something the parents have to agree on. They can agree to change the visitations if they come to an understanding. The custodial parent has counted on the child being in the non-custodial parent's care and may have made plans. On the other hand, many non-custodial parents do not adhere to the visitation schedule. If that is the case and you are the custodial parent there is little you can do. You cannot make them pick the child up for a visit if the parent isn't interested nor do you have much control if they return the child early unless they drop the child off and you're not home or drop the child with someone else because you're not home. If they do that or fail to bring the child home at the appointed time repeatedly you can file a motion for contempt with the court but the issue needs to be serious to take that step.

What to do when you pay child support but you have no visitation?

they are completely separate just because you pay child support has nothing to do with visitation, sorry

Typically is a noncustodial parent required to pay for half of braces?

In very basic terms the noncustodial parent is only required to pay child support and for the child's needs when in their care so no legally does not need to pay half of anything else the custodial parent wants for their child but morally does your child need braces because of medical reasons (as apposed to cosmetic reasons)? Can the other parent not afford them by themselves? This is your decision unless the custodial parent went through their lawyers to see if they could get a court order to get you to pay but I dont think that would happen as that costs a lot of money in itself.