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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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โˆ™ 2011-07-26 17:03:44
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Q: Does a parent have to be home during visitation?
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Can divorced parent have a person to whom they are not married sleep in the home during child visitation?

Yes.


Is it kidnapping if a parent takes child out of state without other parent permission?

During a normal visitation? No.


Can a step parent refuse visitation if in fear of well being in home?

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.


Can a mother deny visitation if the father is paying child support?

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.


What can one parent do when denied visitation by the other parent?

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.


Who arranges for child care during the noncustodial parent's visitation time when the noncustodial parent has to work during their visits?

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


Custodial parent denies Noncustodial parent visitation rights in Mississippi?

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.


If noncustodial parent alter the court visitation order do you still have to allow visitation?

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.


Do your kids have to sleep over with non custodial parent with visitation rights?

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.


How can you deny visitation to the other parent?

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.


In the case of non custodial parental visitation which parent decides the weekend?

Neither parent; custodial or non custodial decides visitation. Visitation is determined through the courts, and a judge decides when visitation will occur.


Can the custodial parent deny visitation to the non-custodial parent if no visitation order is in effect?

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.


Can the custodial parent deny visitation to the non custodial parent in Washington?

No. The non-custodial parent needs to have the visitation rights enforced by the court if necessary.


What if non costodial parent does not follow visitation?

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 one parent has primary custody and the other parent has visitation which one is the 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 a parent was removed from the home and the other parent has custody of the children can that parent move to another state with permission of the parent that was removed from the home?

Yes, but not without a court approved long distance visitation schedule being established first. see link


Does a child have to visit a parent who is not home and boyfriend has to care for the child?

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.


What does one do if the non custodial parent refuses to allow the child to speak to the custodial parent during the visitation?

Take them to court. They have no right to do that, they don't have custody.


What rights does a father have if a mother fails to pick up their child from the father's home that is court ordered?

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.


When is a child old enough to decide if they want to see a parent even if the parent has visitation rights?

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.


Can non custodial parent bring friends on visitation?

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


What age can child opt out of visitation in state of Idaho?

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.


What happens in tx if father does not see child duRing visitation?

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.


What if there is no custody agreement and one parent will not let the other parent see the children?

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


Can a custodial parent in North Carolina deny visitation with the noncustodial parent because the noncustodial parent moved out of state for work?

Only the court has the power to deny visitation rights.

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