This is an issue that's frequently brought up, along with the right to choose what parent they wish to live with.
This issue particularly arises as children enter their teen years. They don't want to be required to spend time with a parent, either parent. They think of themselves as almost adults, and thus can make their own decisions.
Let me start with the view on one teen on Joint Physical Custody.
Equal Time - A Teen's Views On Joint Custody
How I divide my life between my divorced parents' homes.
By Charlotte Juerge - Newsweek - Dec 15, 2008
See Link Below
"My parents divorced when I was 2 years old. Because I was so young, I cannot remember anything of how the divorce actually felt at the time. But 12 years later, I am quite content with my life and my parents. Unlike many divorced couples with children, neither parent has primary custody of me, but rather, I switch between my parents' houses every other day, spending roughly equal time with my mother and my father. "
For younger children, the argument can be postulated that Parental Alienation may be involved. This is a controversial issue with arguments presented on both sides, but cases involving child abductions where the abductor simply wanted a child, has shown how easy it is to alienate a child, from both parents. But, even teens can be alienated from a parent, or both parents. Mom Loses Custody For Alienating Dad
Ruling a 'wake-up call' for parents who use kids to punish ex-partners
See Link Below
Parental Alienation Syndrome - The Gregory Mantell Show
See Link Below
A Child's Choice: What Is The Right Age For A Child To Choose Which Parent To Live With? See link below
The main issue here is not their right in choosing to spend time with the other parent, but their right to ignore and dishonor the authority of the family court. One has to wonder how many males that ignore child support orders were raised to believe it okay to ignore any family court orders, which includes the visitation orders?
If a child, whether by choice or through the influence of a primary parent, doesn't wish to spend time with the other parent, this issue has to be first brought before the court for consideration. The child can explain to the judge, outside the presence of either parent, why they feel it's in their own best interest as to why they no longer have a need for the parental influence of the separated parent?
There are reasons for the need of two parents, but if the child(ren) are getting tired of switching homes, perhaps it's time for the parent to be doing the switching.
This is what I suggest to the kids faced with choosing which parent to live with.
As an alternative, why not ask for Joint Physical Custody Of Your Parents?
Tell them that you want to remain in a home, and each of them there for three weeks, than switch. Once night a week, the parent not in residence takes you out to dinner or some other activity. While in the home, the resident parent does not date, or have overnight guests, other than relatives.
On the off weeks, the parent rents a room, stays with relatives, their friends, or they can split the cost of a two bedroom apartment, with each having their own bedroom.
The priority here is you not having your life disrupted by their choice not to be together. Their lives are equally disrupted and they split the cost of your home.
The support amounts each parent are obligated to provide for your care can go into a TRUST FUND. From the trust fund, expenses for the home and your standard expenses, are paid.
All this follows in accordance with Federal Laws dating back 100 years as regards Trust Funds that have been established for guardians to draw from when parents have been killed in an accident. Also in cases involving child stars (The Coogan Act-1939) where the law is designed to prevent their parents from spending the money for their own uses.
Any money left in the account would collect interest and be available for emergencies, or special expenses, such as part of the cost of a car, or a college education.
This is called Bird Nest Custody. YOU STAY IN THE NEST WHILE THE BIRDS TAKE TURNS BEING THERE.
A Child's Choice In Custody
Bird Nest Custody
Equal Time - A Teen's Views On Joint Custody
Mom Loses Custody For Alienating Dad
Parental Alienation Syndrome - The Gregory Mantell Show
i think 18. But you can get legally emancipated, which basically is you signing papers so you are no longer under their supervision and they are not responsible for you. You can get legally emancipated at 16 i think..
18. However, a younger child is always free to express their wishes, either in court or by writing a letter to the judge in charge of their custody/visitation. If the judge feels the child provides valid reasons why they no longer wish to visit their parent, the visitation order may be modified.
Otherwise, court ordered visitation must continue until that happens, if it happens, or the custodial parent could be found in contempt of court and fined or even jailed for their child's failure to obey court ordered visitation.
Age 18. Allowing them to choose otherwise is teaching to that the authority of the courts does not apply to them. see link
You need to petition the court that has jurisdiction, present evidence to support your request and the court will decide. You should consult an attorney who specializes in custody issues.
18. The parents can go and have the visitation order modified in court if they agree with the child stopping the visitations before 18.
18.
Not if the other parent has joint custody and/or visitation rights.
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.
The parent who is not allowed visitation should petition the court to establish their paternity and request a visitation schedule.
It the non custodial parent alters the court ordered visitation, the other parent does not have to allow the visitation, unless it was altered in court. If it was not altered in court, the parent can file for contempt of court.
No they can not if any court has jurisdiction over the child or the other parent has visitation rights. In that case they need toe parent's consent and court approval.
In order to get interim custody, you will need to petition the court. When children live with one parent, and the other has visitation, but there is no order in place, the parent whom the children live with has what is called defacto custody.
I am dealing with the same thing....VERY frustrating...and I don't think the parent should be granted visitation at least until they have more sanitary conditions, fewer pets(cats), etc.....
If the other parent have visitation rights you will need their consent as well as the courts.
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.
Get StartedWhen a divorce decree awards custody of minor children to one parent, visitation rights are generally given to the noncustodial parent. Some courts also recognize that grandparents have visitation rights. The divorce decree often provides specific details regarding child visitation.This document allows either parent to advise the other parent of the arrangements for a child's visit. In addition to specifying the time and location of pickup and return of the children, this program permits the user to identify special activities involved with the visit that the other parent should know.
It seems like the easiest thing is for the two parents to figure it out. The non-citizen parent should definitely be upfront and honest in his dealings with the other parent to keep visitation going.
Yes. If the other parent has visitation rights the move must have the other parent's consent and the court's approval. The visitation agreement/order would need to be modified.