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Is the custodial parent jeopardizing custody if he or she doesn't abide by the court ordered visitation schedule?
Wiki User
∙ 14y ago
Yes. Child custody is decided on what's best for the child. So if its best for the child to go with him/her, then that is what the judge will decide. * It's possible, but the non custodial parent will still have to be notified of the proceedings and given the opportunity to object to the act. Considering the cited circumstances that hardly seems fair, but it is, in the US the law.
Wiki User
∙ 17y ago
Wiki User
∙ 17y agoNot usually. Judges are very reluctant to rescind vistation rights and even more reluctant to order forced visitation (for obvious reasons). Vistation rights are generally rescinded by the court only when there is proof of abuse, neglect or endangerment of the child or children. Even under such conditions a judge will often order supervised vistation rather than terminate the parent's rights.
Wiki User
∙ 14y agoI would say it depends on the circumstances as to why custodianship was granted. I would say there's no harm, in for instance, a parent dropping off something for a child, or just briefly attending one's residence for something. As long as it doesn't jeopardize the child in any way.
ANSWER
Yes, if found in contempt of the court order, that's considered a Change of Circumstances, which is grounds for a change of custody. I teach fathers who are denied access how to do this.
Wiki User
∙ 13y agoFirst, it should be understood that the access orders are the minimum access time, not the maximum. If the parent is not seeing the children the minimum amount of time, this is not necessarily a matter for the court, though it should be. see links below
Wiki User
∙ 14y agoNo, but it's generally best to clarify this in the order. see link for examples
Wiki User
∙ 14y agoLegally no they do not.
but morally, yes
see link below
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Can your sons father keep him from you if you have never been to court to determine custody?
No. Not unless there is a court order to that effect. The custody order should include a visitation schedule for the non-custodial parent unless she has been deemed unfit and for some reasons the court denied visitation. She should return to that court and take the appropriate action by requesting a visitation schedule is there is none. A custodial parent who withholds visits without the authority to do so can lose custody of the child.
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.
What happens if the custodial parent does not follow the court order for visitation in Nebraska?
He/she can lose custody all together. The non-custodial parent needs to file a motion for contempt of a court order. If the custodial parent continues to violate the order they could eventually lose custody.
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.
What can you do if you pay hundreds of dollars a month in child support but the mother has not been allowing you to see your kids for more than a year?
take her court and get visitation rights. if there is already an order for visitaion make sure you mark it on a calander time and .then take her for contempt and she can loose custody for withholding...otherwise w/ no visitation schedule not alot at this time...unless you were awarded vistiation w/ no specfic times ect then you can still hold her in contempt
How can a non custodial parent with visitation rights receive custody when custodial parent becomes incarcerated?
By applying to a court.
What happens when the non custodial parent who shares joint custody gets awarded temporary custody with supervised visitation Supervised visitation is not being allowed?
by whom?
What are the father's rights if he pays child support and has joint legal custody?
The mother has primary residential custody. However, the father has visitation rights which are likely set forth in a visitation schedule and he has the right to be included in any important decisions that affect the child. The father should review any documents related to his case including a separation agreement, visitation schedule, child support order and custody order.
Can your sons father keep him from you if you have never been to court to determine custody?
No. Not unless there is a court order to that effect. The custody order should include a visitation schedule for the non-custodial parent unless she has been deemed unfit and for some reasons the court denied visitation. She should return to that court and take the appropriate action by requesting a visitation schedule is there is none. A custodial parent who withholds visits without the authority to do so can lose custody of the child.
If you pay child support can you see your child?
Child support and custody/visitation are separate issues. You should contact your local courts to file for visitation/custody if the custodial parent is denying visitation.
What is the standard visitation for the non custodial parent if the custodial parent has primary physical custody in Tennessee?
SEE LINKS BELOW
What is freeman order in family law?
The Axel Freeman order is a custody and visitation schedule and is used when a child is young and the non custodial parent is busy with work and not involved in the day to day care. An example would be alternating custody on weekends and one night a week with the non custodial parent.
What happens when you are paying child support but being denied visitation and your child resides in a different state?
The non-custodial parent should file for visitation rights for the child in the county where custody was given. If the parent who has custody of the child is preventing the non-custodial parent the right of visitation they can be found in contempt of court if visitation has already been established. If the custodial parent has too many repeated contempts filed against them, custody can be switched to the other parent.
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.
How do you relocate with joint custody in CT law?
If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.
Can you move your children out of state if you have residential custody?
There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.
What happens when custodial parent drops kids off at non custodial parents house and leaves them?
Leaves them permanently or in violation of court ordered custody/visitation time? In either circumstances, the non-custodial parent may file an action for contempt of court against the custodial parent and/or file for custody/visitation modification based on the same.
