If their parent is not present to take advantage of their court ordered visitations the custodial parent should return to court to change the order, especially if there is a concern for the child's safety. The child has the right to be in the care and custody of the non-custodial parent during visitations and should not be forced to spend their visits with others in the absence of their parent.
Yes.
I assume it's not the step parent that is granted visitation. This is something the step parent and spouse have to work out since it's the spouse who has asked for visitation and therefor it's her responsibility to make it work. If the step parent own the house he can choose who's in it and who is not and same goes for the spouse if she owns it. The step parent have no authority over the visitation order.
The one who would be responsible for the child during that time which would be the non custodial parent.
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.
It the non custodial parent alters the court ordered visitation, the other parent does not have to allow the visitation, unless it was altered in court. If it was not altered in court, the parent can file for contempt of court.
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.
No. The non-custodial parent needs to have the visitation rights enforced by the court if necessary.
Neither parent; custodial or non custodial decides visitation. Visitation is determined through the courts, and a judge decides when visitation will occur.
Yes, but not without a court approved long distance visitation schedule being established first. see link
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.
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.
He may have his visitation modified or rights to visitation terminated by the courts if his absence becomes chronic and the custodial parent files a motion for such based on the same. Also, child support may be increased in favor of the custodial parent due to increased parenting time.