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What happens when the non custodial parent who shares joint custody gets awarded temporary custody with supervised visitation Supervised visitation is not being allowed?
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∙ 14y ago
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∙ 14y ago
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Do you have the right to refuse visitation to your ex when she has no means of support or a place to live?
I'm currently in the middle of a divorce and I'm dealing with the same issue. I have had many people tell me this including lawyers and even the crisis control for domestic violence. You cannot stop a parent from seeing the child. The parent can be in jail and still get visitation. Lawyers are not willing to put any effort into trying to prevent visitation so if you look for a lawyer bring up this issue early on. The best you may be able to do is get supervised visits but supervised visits are only a temporary solution and soon the parent gets unsupervised visits. Here's a word of advice, document as much as you can and as often as you can. Dates, times, details will make all the difference in court. The more verifiable documentation you can provide the better off you'll be in proving your case.
What rights does a non custodial parent have for visitation before going to child support court?
A married father has equal access until a court rules otherwise. For a single father, a temporary visitation order may be imposed by the court, however, it is more likely the child support and visitation orders will be addressed and rendered at the same time.
Can a custodial parent sign over temporary custody if the non custodial parent is in prison?
No. Only the court can enter an order of temporary custody. With the non-custodial parent incarcerated and with the consent of the custodial parent the court would likely approve a temporary guardianship that is in the best interest of the child.
If a child does not want to live with you and you are the non-custodial parent are you responsible or liable?
You are the non-custodial parent - the minor does not wish to live with you: If the court has awarded full custody to the other parent what you are responsible for would be whatever is required of you by the court order for support and/or visitation - and, of course, the the minor's health, safety, and welfare while they are on visitation, or in your temporary control and care. One would assume that you might have had legal representation for establishment of the custody. If you were represnted by counsel - and if this matter was unclear to you, ask them.
How does the father go about seeing their child if the mother has temporary custody?
The father should request a visitation schedule from the court immediately. That should have been done at the hearing for temporary custody.The father should request a visitation schedule from the court immediately. That should have been done at the hearing for temporary custody.The father should request a visitation schedule from the court immediately. That should have been done at the hearing for temporary custody.The father should request a visitation schedule from the court immediately. That should have been done at the hearing for temporary custody.
What if spouse is under a Temporary Restraining Order and then she takes the children from the custodial parent?
That would be considered parental abduction of the children, provided this is not a normal visitation period. File a police report. Be sure to have current copy of custody order. see links
How do you get tempera visition right?
To get temporary visitation rights, you will have to go to the court and file for them. There will most likely be a hearing that will determine if these visitation rights were granted or not.
What valid reasons can lead a custodial parent to withhold visitation?
There can be legitimate reasons for withholding a visitation. Those reasons must be explained by testimony in a court hearing if the non-custodial parent files a motion for contempt against the custodial parent. The custodial parent should be well prepared with dates and times and reasons for withholding the visit along with witnesses if possible and should be reporting the circumstances to their attorney.Possible reasons include:A court order to that effect.Suspicion that the child is being abused or neglected. This must be followed up as soon as possible with a temporary court order until the situation can be fully evaluated by the court.The non-custodial parent appears to be under the influence of alcohol or drugs when they arrive to pick the child up.The child is very sick.The non-custodial parent arrives at an unscheduled time.The non-custodial parent does not appear in person to take the child. If they send a substitute without the prior approval of the custodial parent the custodial parent could refuse to allow the pick up.
How can a non custodial parent give up visitation and still pay support in Tennessee?
The non-custodial parent may file for a modification of the terms of visitation in the court with jurisdiction and be prepared to provide compelling reasons why their visitation should be terminated. They may also wish to include a provision reserving their right for visitation to be reinstated if permitted by and so ordered by the court. The courts want both parents to maintain a presence in their child's life but there may be some temporary circumstances when it might be impossible (parent transferred out of state for a job and returning home isn't possible, incarceration, hospitalization, etc., each state has different guidelines) but you should never make such a modification permanent, even if the court in jurisdiction would allow it.
Can one spouse request a temporary debt child support and visitation order done again before it is effective?
I can answer questions about child support and related issues, as I am a retired State Child Support Enforcement Director. However, the question being asked is not clear enough for me to address. In general the issue of child support and visitation orders are two separate and independent issues. The law requires a non custodial parent to pay child support. If the non custodial parent is working in most cases the law requires the employer to withhold the child support from the non custodial parents pay check. All custodial parents can have their State's child support case, or a search for a missing non custodial parent be administered by their State's Child Support Enforcement Office (every State has one). Their may be a small fee charged depending on the State. Once you are living separately from an absent parent, married or not he/she is required to pay child support. Custody and visitation orders are in most States.handled through Family Court and an individual parent must file legal documents through the court for custody and visitation orders to be resolved In most cases an attorney is needed.
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