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If there is no court order for custody and a parent says another parent cannot see the child what could one do?
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∙ 14y ago
Is the parent assisting with child support through a court order? Go that route first. Money does matter when raising kiddos. (If the parent still refuses to make contact or speak to the kids, who cares about them? The children may be better off without this loser in their life!)
AnswerRight now I am going through the same thing with my son's father. My son is 4. He wants to spend time with his dad, but his dad only visits him when he feels like it. He pays child support, so that is a plus. You can contact the friend of the court for a mediation, they will have you both go in and ask him why he is not visting the children. They will either push for him to visit them, or possibly have him give up his visitation rights. AnswerI don't know if there is ANYTHING you can do.In California they go by a case called Louden v. Olpin ["Louden"] (1981) 118 Cal.App.3d 565 , 173 Cal.Rptr. 447
the court cannot compel a non-custodial parent to visit... even though morally it's right and the majority view was it should
The summary is mine, you might want to read the case
You can view the case on Findlaw.com at http://login.findlaw.com/scripts/callaw?dest=ca/calapp3d/118/565.HTML
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AnswerI have a 3 year old son whose father will only visit when it's 'convenient' for him...and has never spent any time alone with him. He has a girlfriend who does not know about our son, and I sometimes feel like calling her and telling her. I know this won' t solve the problem, and may make things worse......he pays what he should and on time....but my ds is always asking if his Daddy can come over. Nothing like breaking your child's heart day after day. Too bad there is nothing we can do to change their minds. AnswerI am a mom who has been trying to get my son's father to spend time with him or even call him on the phone but to no avail. He calls or comes over to see him whenever he feels like it and wants to take my 3 year old son 'fishing' with him. I have been along on some of those fishing trips with me watching my son as he gets to the waters edge with the father completely oblivious to the fact. I asked him to come watch our son take his first swimming lessons and he came but he sat to watch the women and girls in the pool rather that the child. I have tried to do the right thing morally but I also question myself if I am doing the right thing for my son? Is my child better off without a father like his? AnswerI am now married to my wife who is not the biological mother of my son. After the mother did not show in court for the custody battle I was given custody. Now that she has to visit with her son who is four and does not live with her anymore, she gets mad and decides not to see him anymore. No calls no visits no bday cards nothing not even xmas!! My wife helps me to keep a journal about all the time that passes by and if she has any contact, we document that too. So I say, keep a journal!!Answer:
Petition the court for more child support and thank God that the loser is out of your child's life. Anyone who doesn't want to be with their child has mental problems and the child (and you) are far better off. Don't let them off the hook for child support.....
Wiki User
∙ 12y ago
Wiki User
∙ 14y agoAs regards a married parent, they cannot prevent access to the child, though without court orders, enforcing this could be an issue. The police will not want to get involved. You should follow the same procedures as they apply to single fathers dealing with this. As for single fathers, they have NO LEGAL RIGHTS to see the child without a court order. See the link below on what to do.
Wiki User
∙ 11y agoHaving practiced custody litigation for 30 years, I can tell you that the most important thing to do is to "Take Immediate Action." Don't wait. As parental alienation worsens, your relationship with your children may never recover. So Act Fast and Effectively.
- Document every instance of visitation interference including what was said, by whom, when did the interference take place and were the children witnesses to the acts of interference.
- Take this information to your attorney and ask your attorney to file for relief from the court. It is frustrating to have to return to court and pay attorney's fees for this type of behavior, however unless you take steps immediately, I guarantee it will only get worse.
- Ask for specific court orders addressing whatever type of interference is going on.
- Also, make certain that the court gives strong motivation for the other parent to stop the inference, such as limiting the other parent's time with the children if he or she continues with the behavior. Also check to see if your court system provides for a case manager. The added links to this answer will give you more about this as well.
- Finally, ask the court to order the other parent into therapy to learn and understand the devastating impact that parent's behavior has upon the long term emotional health of your children. Sometimes this helps to wake them up to the dangers of their behavior.
Wiki User
∙ 13y agoThat parent should petition for full custody.
That parent should petition for full custody.
That parent should petition for full custody.
That parent should petition for full custody.
Wiki User
∙ 11y agoDuring the non-custodial parent's time of visitation or custody? Unless otherwise outlined in the original order custody/visitation order, nothing. However, you do have the right to file for modification of the order outlining your right to speak with the child when he/she is in physical custody of the other parent.
If that provision is already in place, you can file an action against the non-compliant parent for contempt of court and they may be fined and/or jailed based on the same. If the contempt continues over time, the non-custodial parent may have their rights for visitation limited or eliminated based on the same.
Wiki User
∙ 15y agoYou're the boss. Tell him that his father would greatly appreciate it if he went to visit and if he doesn't go, tell him he's grounded.
Wiki User
∙ 14y agoTake a current copy of your court order to the residence, along with the police as peace keepers.
Wiki User
∙ 14y agoYou must return to the court where the visitation order was issued and submit a motion for contempt against the parent who has denied visitation.
Wiki User
∙ 13y agoThat parent should petition for full custody.
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If you have joint custody can your teenager live with either parent?
The guidelines are basically the same in every state but obviously there are a few minor differences. Joint custody consists of Primary Custody & Secondary Custody. The parent with primary custody is who the child lives with & the other parent has secondary custody. Depending on the age of the child & the state in which they reside, the court may let them determine where they choose to live. Or if both parents agree on the child's decision then the child can live with either parent.
If parents have joint custody is the child required by law to visit one parent if he does not want to?
No, a child cannot be forced to visit a parent. If a compromise cannot be reached to everyone's satisfaction; either parent can petition the court to order counseling for all parties involved to find a solution.
If you file for full custody in another state will you still receive your child support?
First, you cannot file in a new state unless you meet jurisdictional requirements, however the state where the other parent resides has jurisdiction on child support.
Can you move in with your mother in California if she doesn't have any custody of you and tell the court that you want to move in with her because you don't get along with your step-parent?
A minor cannot leave the home of the custodial parent without that parent's permission. The noncustodial parent can petition the court for custody rights pertaining to the minor child. Depending on the child's age the court will take into consideration the opinion/feelings of the child before rendering a decision.
Can a parent who has primary custody move with their children to another state if so what is the primary custodial parents responibility to the non custodial parent?
In some states, if the custodial parent moves more than 65 miles "as the crow flies" from the original address at the time of the custody agreement and does not get written permission to do so from the non-custodial parent, the court can (and sometimes will) remove the child and place him/her with the non-custodial parent. At that time the non-custodial parent will be given full custody of the child and even if the first parent moves back, they probably will not regain custody again.
Can you obtain custody in one state and move to another after you have custody?
That depends on whether the other parent has visitation rights. If so, you cannot remove the child without the other parent's consent or/and court approval.
What is domiciliary custody?
Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.
Should a father ask for child support first?
The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.
Can you remove a child from another state if you have joint custody?
No, you cannot move a child out of state if you have joint custody.
How does joint custody affect child support in Nebraska?
The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.
What if a parent has a child tape record another parent during custody divorce issues?
Consult an attorney.
Can a child move from one parent to another legally?
Not if the other parent has joint custody and/or visitation rights.
Can a parent have custody of a child with out work?
Yes, a parent who is unemployed can have custody.
Is it legal to pay a parent to relinquish custody of a child in Texas?
No, because it is considered bribing, and even if you could, I doubt a parent would give up a child for money if they are suing or have custody in the first place. If you want said child, you can sue for custody of the child. If you cannot gain custody, then the next best thing to do is sue for visitation.It's not legal to pay a parent to relinquish custody of a child in any state! But if the parent in question has a child support award, he or she will be free of paying child support or being in any way responsible for the child from that day forward.
Can your brother adopt your child and you be a joint custody?
No. In order for your brother to adopt your child you and the other parent must consent to the adoption and then your parental rights will be terminated. Your brother would be the legal parent of the child. You cannot share legal custody with your brother.
Can a parent choose who their child stays with if the court has already taken them away?
No. If the court has taken custody of the child, the parent no longer has parental rights and cannot make decisions about the child's care or living conditions, at least until the court take actions to restore custody to the parent.
Can a non-custodial parent enroll the child in a school near them without the other parent's consent?
No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.
