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Q: If non custodial parent marry another woman does the visitation schedule change?
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How can the custodial parent stop child support?

Change visitation


Can the custodial parent change a visitation order with out a judges consent?

No, and many jurisdictions take denial of visitation very seriously (as they should!).


Does the amount of child support change if visitation is stop?

No - they are separate matters. If the custodial parent is denying court-ordered visitation, file a complaint with that court.


Can you change a scheduled visitation weekend if you have sole legal and primary physical custody?

No, not arbitrarily. You would need to work it out with the non-custodial parent and get their consent to the change. A good solution might be to offer to substitute another visitation time that would be appealing to the non-custodial parent. If the non-custodial parent doesn't agree you may need to alter your own plans. If you simply choose to not follow the visitation order you would be in contempt of a court order and the other parent could file a motion for contempt.


What if the custodial parent does not allow the child to see the non-custodial parent even though the court said she can - does the non-custodial parents still have to pay support?

Child support and visitation rights are two entirely different issues. The terms of visitation should have been determined before divorce proceedings and finalized when the divorce decree was awarded. The court generally prefers the parents reach an amicable agreement for reasonable visitation by the non-custodial parent. If specified days/times have been ordered by the court the custodial parent must allow visitation or risk being in contempt of a court order.


How can you deny joint custody to an abusive parent?

YOU cannot deny any custody or visitation. Only the court can make an enforceable decision regarding these matters. State laws vary. If physical abuse is the case, the custodial parent will need a record of the abuse and should call the police, take pictures to record the effects, and try to have dis-interested witnesses present at the time of any contact between the parents. If there is no abuse to the children, or no abuse in the presence of the children, it is unlikely to make any change in the court decision for joint custody. It may compel the court to make some order for supervised exchange of the children for visitation. Only the court can make any decision, especially regarding custody. If the non-custodial parent is abusive to the children it may be very good grounds for a sole custody arrangement. It may also encourage the court to provide for supervised visitation. Visitation is a different issue than custody. Visitation is the means for the non-custodial parent to have a relationship with the children and build that relationship. A court generally regards this as semi-sacred. A custodial parent should NOT deny visitation. If it is necessary to curtail visitation for the real safety of the children, the custodial parent should immediately file a request for a change of visitation. Otherwise, a court may frown on a parent who denies visitation. In some states, continual denial of visitation can be grounds for a change of custody.


How do you change the visitation schedule for the children?

This assumes that the existing visitation schedule is part of a court order. You could seek an informal agreement with the other parent, but it might not be enforceable when/if that becomes necessary. You'll probably have to return to court.


Can a custodial parent be charged with abandoment if the child is allowed to stay with non-custodial parent for a while?

No, but beyond 30 days, and provided it's not during a summer extended visitation, a motion for a change of custody can be filed.


How do you not have to go see a a parent with visitation rights in Indiana?

Courts seek to make certain a child is able to maintain a relationship with both parents. A standing visitation order can only be modified by the court. The custodial parent must petition the court to change the visitation order and must provide compelling evidence to support that request. If the custodial parent fails to obey the current order they will be in contempt of a court order.


Can the non custodial parent lose visitation rights if he has a bench warrant issued?

It depends on what the warrant is for. If the crime committed will expose the child to any harm, you need to contact the court and make them aware of it and ask them to modify/change his visitation rights.


Does a non custodial parent have any rights regarding their child?

No. Ordinary citizens do not have the power or authority to revoke parental rights. That is the province of the court. You have to petition a court, present your evidence and let the judge decide.


What happens if the other parent does not bring the child back?

Initially, nothing. There is no law that says a non-custodial parent must visit the child although there are laws that do govern child support payments. However, if the custodial parent wants to change the court document regarding the non-custodial parent's lack of visitation, the custodial parent should maintain a diary that includes all phone calls, visitation dates missed, any follow-up contact pertaining to the missed visitation with dates and times of contact. The diary can also contain the child's anticipation of the visit and the reactions to the missed visitation. After clearly documenting these infractions, the custodial parent can present the 'evidence' to the courts for remedy. It may be that the non-custodial parent can be charged with a type of abandonment and therefore permanently lose all parental rights. An attorney can explain in greater detail as it pertains to the State in which you reside since each State has different views on non-custodial parental conduct.