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What happens if the custodial parent does not follow the court order for visitation in Nebraska?
Wiki User
∙ 11y ago
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.
Wiki User
∙ 11y ago
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If your daughters dad has visitation rights but no legal or physical custody can I refuse visitation in CA?
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.
The mother of your child doesn't let his father visit with his child even though a mutual visiting rights agreement exists. How does the father obtain a visitation order through the court?
Inquire at the court that has jurisdiction over your case. If a visitation order is being violated file a motion for contempt and follow it through. If there is no visitation order then ask the court to set one up. A child has the right to visit with both her parents.Inquire at the court that has jurisdiction over your case. If a visitation order is being violated file a motion for contempt and follow it through. If there is no visitation order then ask the court to set one up. A child has the right to visit with both her parents.Inquire at the court that has jurisdiction over your case. If a visitation order is being violated file a motion for contempt and follow it through. If there is no visitation order then ask the court to set one up. A child has the right to visit with both her parents.Inquire at the court that has jurisdiction over your case. If a visitation order is being violated file a motion for contempt and follow it through. If there is no visitation order then ask the court to set one up. A child has the right to visit with both her parents.
Can the custodial parent keep the child from the non custodial parent if the child does not want to go?
No they can not. The key here is the "custodial parent" . You may be able to go to court. But if you keep the child and you are not the custodial parent and there is a court order saying the other parent is the custodial parent, all that person has to do is call the police, and the non custodial parent would have to give up the child.
When a parent has joint custody of a child can they just choose to leave the child with anyone they choose without informing the other parent?
What does the legal paperwork state? If you are legally bound to request permission from the other, then I would follow that before taking the vacation. Parents who are sharing their time respectively with the child should also provide optional visitation times if the vacation takes any of the visitation that the "other" parent is entitled to.
Does the non-custodial parent have to pay child support while the child lives with him for 3 months of the year?
Well actually, it depends. A non-custodial parent can still have liberal, defined visitation and if that parent, say has 3 days a week or every weekend, and their income is vastly lower than the income of the custodial parent then there would be an avenue in many states where that 'non-custodial' parent would be entitled to child support. Again, it would vary on a number of factors including what you mean by non-custodial. If non-custodial includes no physical or legal custody and/or no visitation at all, the avenue seems virtually impossible. However, simply being non-custodial would not be the single defining point. In fact, there wouldn't be a single variable that would determine the answer to this question (particularly as state law were weighed in). Best advice, contact an attorney, many will provide free first consultations.
Can your ex get your kids just because he does not want to pay child support?
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.
What age can a child opt out of visitation in PA?
When they are 18. The custodial parent can try to have the visitation order modified by going back to court though and if the child is in the older teens there is a chance the judge will listen to his opinion although he is not obligated to follow it.
What if a child does not visit there father due to child choice?
The custodial parent must follow the court ordered visitation schedule or they will be in contempt of a court order. The child cannot make that choice without causing legal difficulties. See related question link.The custodial parent must follow the court ordered visitation schedule or they will be in contempt of a court order. The child cannot make that choice without causing legal difficulties. See related question link.The custodial parent must follow the court ordered visitation schedule or they will be in contempt of a court order. The child cannot make that choice without causing legal difficulties. See related question link.The custodial parent must follow the court ordered visitation schedule or they will be in contempt of a court order. The child cannot make that choice without causing legal difficulties. See related question link.
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.
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.
Can the courts force a child to vist a non custodial parent?
No one can "force" you to visit your child, although refusing visitation would likely have negative consequences like the loss of visitation rights in the future and the loss of parental rights as far as decision-making (also the loss of the love of your child!!!). Refusing visitation will not reduce or eliminate your child support obligations; in fact, the custodial parent would have a much stronger case if they requested an increase in support and could show the judge that you are not contributing in other ways to the child's well-being.
What if non costodial parent does not follow visitation?
You have to file a motion for contempt in the court that issued the visitation order to have a judge review the situation and modify the visitation order if appropriate. The court cannot force a parent to visit with their child. However, if the non-custodial parent is trying to pick the child up during non-visitation hours or bringing the child back late, the court will impose further orders and likely modify the visitation order if the problem persists. If the child is prepared for visits and the parent fails to show up that is also extremely stressful for both child and custodial parent. If the parent continues to violate the order they can eventually lose their visitation rights.
Can a child refuse visitation in Arkansas?
Yes. The custodial parent must follow the visitation schedule or they will be in contempt of a court order. Any changes to the visitation schedule must be made by the court through a modification
How old does a child need to be to decide she does not want to go with her dad in Texas?
The age of the child is irrelevant except in cases when a very young child must use public transportation such as airline travel. If an order of visitation is in place the custodial parent must follow those guidelines set out by the court order. Failure to do so without "just cause" can result in the custodial parent being cited for contempt. The best option is to discuss the issue with a non-partisan individual such as a counselor, minister, and so forth. In lieu of an amicable solution either parent may petition the court for a modification of the original visitation order. If there is NO court ordered visitation established the custodial parent has the option of deciding when, where or if visitation will be allowed.
What is the punishment for denying access to the non custodial parent?
The punishment for denying access to the non-custodial parent can vary depending on the laws of the state or country, but common penalties may include fines, community service, loss of custody rights, or even imprisonment in some cases. It is important to follow court orders regarding visitation rights to avoid legal consequences.
What age can child opt out of visitation with a non custodial parent in Mississippi?
When they are 18. The court order must be followed but the parents can have it modified when the child gets older. When in his older teen years the court would listen to what he wants but they might not follow it.
How does a father go about getting hes parental rights enforced if visitation has been denied?
If no visitation order is in place, file for one in the jurisdiction where the child resides. If an order is in place and the custodial parent isn't abiding by them, again, in the court of jurisdiction, file a motion of contempt of court against that person for failure to abide by the court order. The non-compliant parent will be ordered to follow the outlined court ordered visitation provisions or face a monetary fine, jail or both. And if the non-compliance becomes chronic, it may lead to a custody modification order, granting custody to the non-custodial parent.
