Yes. The only way to stop visitation is for the court modify the original ruling, but they will need strong evidence that it would be detrimental to the child to continue going to visit the other parent. If the child is refusing to go, the first thing you should do is to find out why your child doesn't want to visit the other parent.
You can hire an attorney and take your ex spouse to court if you believe your child is being abused. But you will have to present real proof; a judge can't, and won't, make a determination based only on heresay. A large reason for that is many parents have used false allegations of abuse as a weapon against their ex spouses, doing it purely for personal, vengeful reasons. Judges have seen many parents who have "coached" their children in what to say, just to get back at their ex spouse.
In most cases a child does need both parents, but there are always exceptions to the rule. The courts realize there are parents who do abuse their children, or allow the child's step parent to abuse the child, so you will need to present the facts as clearly and concisely as possible, keeping to the issues at hand.
But the courts also realize there are parents who will make false accusations towards their ex spouse based on their own personal feelings, even when there is no abuse involved. You can't use your personal dislike of a parent or step parent as a basis for any allegations.
So if you feel your child is being mistreated in any way, the best thing to do is to take the case to court, and be sure to have as much proof as possible. The proof can include photos of physical abuse, such as bruises, etc., witnesses who have seen or heard physical or emotional abuse, the child's testimony (in private chambers, depending on the child's age and circumstances, but usually with both attorneys present).
School records can also help, including the teachers, school guidance counselor, or school nurse; they are trained to detect even the smallest changes in a child's behavior. If the child's grades go down or if the child's behavior changes, they will have noticed this, especially if you have already talked to them and explained the situation, asking them to make note of the child's behavior.
Also, be sure to document things your child says and does when returning from the other parent's home. Don't coach them in what they say or do, just be sure to document what they say or do on their own. That doesn't mean you shouldn't ask your child things such as "Did you have a good time with your dad", or something similar.
That will be an opening for your child to tell you how he or she was treated, things that may have happened to upset your child, inappropriate things they may have been subjected to, such as porn, vulgar language, etc. In other words, do all you can to be prepared and to present the facts as they are to the court.
You also have to consider the possibility that the child may have more rules at the other parent's home, which the child doesn't like. Often, children want to be with the parent who is more lenient, or allows them more freedom to do the things they want to do. Some parents, after divorcing, tend to become the 'fun' parent, thus making the other parent seem too strict when, in fact, they are merely doing what good parents to - enforcing rules for safety, health, academics, etc. If this is the case, then the child needs to be taught those rules are in place and enforced only because that parent does love them.
No the child does not.
With visitation rights? Yes, if it's court ordered.
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.
If there is a court order for visitation it has to be followed until the child turns 18. If there is a legitimate reason the child does not want to visit (ie the parent is a drug user, is abusive, etc), then the custodial parent needs to go back to court and request that the visitation order be modified.
Yes. The custodial parent must follow the visitation schedule or they will be in contempt of a court order. Any changes to the visitation schedule must be made by the court through a modification
If you're in the US, the age is 18. Until then, if the parent has court-ordered visitation, it has to be followed. If there is a legitimate reason the child does not want to visit the parent, the custodial parent can petition the court to revise the visitation order. Be aware the court will not deny a parent the right to visitation without a very good reason.
You as the parent can go wherever you want but if the child is going with you and the other parent have visitation rights or share custody, you will need their permission if leaving the state or country.
No. A child does not have the right to ignore court ordered visitation. A parent who assists the child would be in contempt of court.
See Link Below'Child Refusing To Visit Other Parent?'
Nothing. A parent cannot be forced to visit with his child. If the situation continues the custodial parent could petition the court to modify the visitation order so the custodial parent and child will not be required to plan their life around a no show parent's scheduled visitations.
Often, just because a person is deemed unfit to parent, it doesn't mean they have no right to visit the child. The courts usually won't forbid a parent to have visitation rights, unless the parent has been proven to be physically harmful to the child. However, there are times when, if the court finds the parent's intentions towards the child 'suspect', but with no proof, they may allow only supervised visitation with the child. This means the parent can visit the child, but only with an approved adult present, such as another adult relative, or even a social worker.
Most commonly, the non-custodial parent has visitation rights, which may be spelled out in detail in the divorce decree or subsequent legal proceedings. However, it's ultimately up to the judge to determine the visitation rights.
In the state of Louisiana supervised visitation is when the parent does not have custody of a child can visit them with court supervision. It works with the parent having the opportunity to visit but having someone from the Department of Child Services with them.
A custodial parent is obligated to let the non-custodial visit the child if there is visitation schedule in place. If there is none, it is not illegal for the custodial parent to refuse visitation.
Yes, if the courts have awarded both parents custody of a 13 year old child they they have to visit a parent on the days given by that court of law. If the child is being abused in any way they can let their parent know and refuse to visit the other parent or, they could complain to Child Aid or even a relative.
Yes. Child support and visitation orders are separate.
Get StartedWhen a divorce decree awards custody of minor children to one parent, visitation rights are generally given to the noncustodial parent. Some courts also recognize that grandparents have visitation rights. The divorce decree often provides specific details regarding child visitation.This document allows either parent to advise the other parent of the arrangements for a child's visit. In addition to specifying the time and location of pickup and return of the children, this program permits the user to identify special activities involved with the visit that the other parent should know.
Yes. The non custodial parent has every right to see his or her child. And there is a huge misconception that a child can decide which parent they prefer to live with or decide they don't want to visit the other parent when they reach a certain age. The fact is, it is NOT the child's decision to make, but the judge's.So unless the non custodial parent has been found unfit, abusive, etc., the child has to concede to the visitation rights.Furthermore, the custodial parent should encourage the child to want to visit with the other parent. Children need both parents, and no parent should ever be deprived of spending time with their child unless they are unfit, abusive, etc.
You have to file a motion for contempt in the court that issued the visitation order to have a judge review the situation and modify the visitation order if appropriate. The court cannot force a parent to visit with their child. However, if the non-custodial parent is trying to pick the child up during non-visitation hours or bringing the child back late, the court will impose further orders and likely modify the visitation order if the problem persists. If the child is prepared for visits and the parent fails to show up that is also extremely stressful for both child and custodial parent. If the parent continues to violate the order they can eventually lose their visitation rights.
yes you have to pay or scocial services will say you cant visit unless you pay child support
18. Until then, if the parent has court-ordered visitation, it has to be followed. If there is a legitimate reason the child does not want to visit the parent, the custodial parent can petition the court to revise the visitation order. Be aware the court will not deny a parent the right to visitation without a very goodreason.
No one can "force" you to visit your child, although refusing visitation would likely have negative consequences like the loss of visitation rights in the future and the loss of parental rights as far as decision-making (also the loss of the love of your child!!!). Refusing visitation will not reduce or eliminate your child support obligations; in fact, the custodial parent would have a much stronger case if they requested an increase in support and could show the judge that you are not contributing in other ways to the child's well-being.
If you're in the US, the child can decide at 18. Until then if the non-custodial parent has a visitation order that must be followed. If there is a legitimate reason why the child does not want to visit, then the custodial parent needs to go to court and request that the visitation order be changed.