The child must be 18 in Arkansas before they can refuse court ordered visitation without getting the custodial parent in deep trouble. The non-custodial parent may file a motion of contempt against the custodial and if contempt is found, the custodial may be fined or jailed as a result. If the contempt becomes chronic, the courts may go so far as to modify custody and give it to the non-custodial.
However the child is always free to make their wishes known to the judge, either in court when custody/visitation is being decided or request a modification to the original visitation order by requesting a meeting with the judge, writing a letter to the judge expressing their wishes, or engaging an attorney or guardian ad litem to speak for them. The judge will take into consideration the wishes of the child, and generally, the older the child, the more weight is given to those wishes.
Ultimately, however, the judge will rule depending on what he or she feels would be in the best interests of the child.
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.
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.
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 the court has awarded you visitation rights, then you have those rights legally and they cannot be denied by the custodial parent.
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.
First thing..in Indiana...most courts view support and visitation as two separate issues. If the support is required through the courts the judge will ask what the visitation is at that time. However, if the non-custodial parent wants to get visitation without the custodial parents agreement, the non-custodial parent will have to file a request with the court and have a judge issue visitation. If there is no visitation order in place by a judge/court, the custodial parent has no legal requirement to permit visitation. I have dealt with this issue personally as well as my sibling, me being a custodial parent my sibling being a non-custodial parent. So I have seen what happens from both sides. Basically if it something isn't ordered by a judge/court, there is no legal requirement to do visitation or support.
If the custodial parent is the one to move, than yes.
By applying to a court.
Which parent...the custodial or non-custodial? If the custodial parent, that parent cannot make that decision. It must go before the court and a modification of visitation allowed or disallowed depending on the reasons given. Otherwise the custodial parent may be found in contempt of court which has very unpleasant consequences up to and including jail or changing custody to the non-custodial parent. If you are talking about the non-custodial parent, about all you can do is talk to them outlining your reasons why you do not wish to visit them, and even if they agree with you, again this is something that needs to be presented to the court to protect the custodial parent.
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