Custody

Does a parent have to be home during visitation?

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2011-07-26 17:03:44
2011-07-26 17:03:44

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.

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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.


You must return to the court where the visitation order was issued and submit a motion for contempt against the parent who has denied visitation.


Whether or not a parent is paying child support is irrelevant when the issue is visitation rights. If there is a court order for visitation the primary custodial parent must allow it or be found in contempt of court. If there is not a court order in place the custodial parent can make the decision to when, where or if visitation is allowed. Visitation guidelines are usually established during the custodial proceedings.


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.


Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.


If the visitation schedule says overnight visitation, yes. The visitation schedule is a court order. If the custodial parent violates the order the non-custodial parent can file a motion for contempt.


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.


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.


If it was planned the parent would not be home all day, no. But if we are talking about babysitting for a few hours until they come home from work this should not be an issue. You should discuss the situation with your attorney. If the parent is not present during their scheduled visitations with the child then perhaps the visitation schedule should be modified.


Neither the court nor the father can force the non-custodial parent to take advantage of their visitation rights. The custodial parent can return to court to request a modification of the existing visitation order if the parent continues to violate it. It's not fair to the child to continue to be prepared for a visitation that doesn't take place.Neither the court nor the father can force the non-custodial parent to take advantage of their visitation rights. The custodial parent can return to court to request a modification of the existing visitation order if the parent continues to violate it. It's not fair to the child to continue to be prepared for a visitation that doesn't take place.Neither the court nor the father can force the non-custodial parent to take advantage of their visitation rights. The custodial parent can return to court to request a modification of the existing visitation order if the parent continues to violate it. It's not fair to the child to continue to be prepared for a visitation that doesn't take place.Neither the court nor the father can force the non-custodial parent to take advantage of their visitation rights. The custodial parent can return to court to request a modification of the existing visitation order if the parent continues to violate it. It's not fair to the child to continue to be prepared for a visitation that doesn't take place.


The custodial parent cannot deny visitation of the non-custodial parent if there is a court order in place. Only the court can rescind visitation privileges or terminate parental rights. If there is no court ordered visitation the custodial parent has the right to use their discretion. If however, the non-custodial parent decides to file for visitation rights; the refusal for visitation will not be looked upon favorably by the court unless there are acceptable reasons for it having been done.


The one who would be responsible for the child during that time which would be the non custodial parent.


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.


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.




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.


Yes, provided the parent remembers the purpose of the visitation, and the friends do not draw attention from it.


No, however if there is a concern for safety, that is an issue to present to the court.



Generally a parent with visitation rights is a non-custodial parent. You need to check the court orders. See related question link.


The parent who is not allowed visitation should petition the court to establish their paternity and request a visitation schedule.



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