If Dad has court-ordered visitation then you have to follow it or you are in violation of a court order (and there are consequences for that). If there's a valid reason you don't want Dad to have visitation, then you can go to court and request that the court modify the visitation order. But be aware that the court will not do that without a very valid reason.
No. The father must obey the visitation order that was issued by the court that has jurisdiction over the case. If he continues to violate the visitation order and continues to exert negative influence on the child rather than trying to mitigate the situation, he could lose both any shared legal custody and visitation rights.
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It's highly unlikely that custodial rights would even be considered. However, courts seldom refuse visitation rights unless there is evidence of abuse or neglect on the part of the requesting parent. If there is not a court order terminating parental rights due to abandonment or another such issue, the parent will likely be granted visitation. It is quite possible, the court would order supervised visitation for a specified length of time. A lot depends on the reason for non-contact with the child. Courts tend to leave things as they are and not make drastic changes in children's lives unless it is what they want and better for them in the long run. yes, you can get visitation and/or custody but again, it depends on what kept you away (drugs, jail, etc.).
Assuming the visitation is court ordered, then no. If there is a legitimate reason the minor does not want to spend time with the parent (ie they're a drug abuse), then the custodial parent needs to petition the court for a modification of the visitation order.
From what I've read that would be about 13 years of age when he will be given a Law Guardian and the Law Guardian will present the case to the court. It also depends on the maturity of the child and the reasoning behind it.
If you refuse court ordered visitation then you would be considered in contempt of court and a judge may issue a warrant for your arrest to face the charge. It could cost you money, or some time in jail and money.
If a custody order is in place outlining visitation, no, not without being in contempt of court. If no such order is in place, either parent has the right to file for one or modification to an existing order at any time.
No, this is illegal. Both parents must adhere to the custody schedule. If the father is entitled to visitation or partial custody, the mother cannot legally defy the schedule and refuse to let him see the child.
A person can be held in contempt of court if they refuse to obey a court order, not if they refuse to obey the other parent. You need to review your court order. You haven't mentioned the provisions that are not being obeyed.The answer depends on factors such as the visitation schedule, whether either has physical custody, whether father is allowed to control the mother's time away, whether vacation time is addressed in the court orders, what factors make it a "joint" custody arrangement, etc. You need to review your particular court orders and /or call your attorney for advice.A person can be held in contempt of court if they refuse to obey a court order, not if they refuse to obey the other parent. You need to review your court order. You haven't mentioned the provisions that are not being obeyed.The answer depends on factors such as the visitation schedule, whether either has physical custody, whether father is allowed to control the mother's time away, whether vacation time is addressed in the court orders, what factors make it a "joint" custody arrangement, etc. You need to review your particular court orders and /or call your attorney for advice.A person can be held in contempt of court if they refuse to obey a court order, not if they refuse to obey the other parent. You need to review your court order. You haven't mentioned the provisions that are not being obeyed.The answer depends on factors such as the visitation schedule, whether either has physical custody, whether father is allowed to control the mother's time away, whether vacation time is addressed in the court orders, what factors make it a "joint" custody arrangement, etc. You need to review your particular court orders and /or call your attorney for advice.A person can be held in contempt of court if they refuse to obey a court order, not if they refuse to obey the other parent. You need to review your court order. You haven't mentioned the provisions that are not being obeyed.The answer depends on factors such as the visitation schedule, whether either has physical custody, whether father is allowed to control the mother's time away, whether vacation time is addressed in the court orders, what factors make it a "joint" custody arrangement, etc. You need to review your particular court orders and /or call your attorney for advice.
Child support and visitation rights are different issues. If there is no visitation order from the court the custodial parent can decide if visitation will be allowed and if it is, the terms, such as days, hours, etc. The non-custodial parent can file a petition with the court for visitation rights if an amicable solution cannot be agreed upon. Generally there must be a documented history of abuse or serious neglect before a judge will refuse a biological parent visitation rights. There are 2 different things. Legal custody and Physical custody. Regardless, child support and visitation are two completely different matters. He CAN ask the courts for visitation, it does not matter if he has been paying or not. If the father has no documented record of abuse with the child or any other violations then there's no right against him seeing the mother in which case he asks the court.
No. Child support, visitation, custody etc are all separate issues. The court will see to what is best for the child and one parent can not deny the parental rights of the other.
The spouse cannot refuse visitation, however the courts can.
Generally, if the parents are unmarried, the mother has sole custody until the father establishes his paternity legally. Until then she can refuse visitation. However, when the father's paternity has been established he can request custody and/or a visitation schedule. He will also need to pay child support if the mother retains physical custody.A married mother cannot keep the child from the father without a court order to that effect.
Only with a court order. If you feel the mother would present a danger to the child during visitation, you must file for a modification to visitation based on the same and wait for the judge to rule on it. If time is an issue, you can file for an emergency order. Otherwise, if you refuse the mother access to her child as outlined in the original visitation order, you risk being found in contempt of court and that can bring fines and/or jail time.
That would need to be approved by a court and would not relieve him of his obligation to pay child support. Courts make such decisions and even if you have sole legal and physical custody and the father relinquishes visitation rights, he must obey any child support order.That would need to be approved by a court and would not relieve him of his obligation to pay child support. Courts make such decisions and even if you have sole legal and physical custody and the father relinquishes visitation rights, he must obey any child support order.That would need to be approved by a court and would not relieve him of his obligation to pay child support. Courts make such decisions and even if you have sole legal and physical custody and the father relinquishes visitation rights, he must obey any child support order.That would need to be approved by a court and would not relieve him of his obligation to pay child support. Courts make such decisions and even if you have sole legal and physical custody and the father relinquishes visitation rights, he must obey any child support order.
yes
First, it is an Urban Myth that fathers go for custody to avoid paying child support. First, who would support the children while in his custody? Less then 15% of mothers are ordered to pay, and depending on circumstances, the custodial father is often still ordered to pay child support.