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Answered 2011-09-26 20:10:49

The one who would be responsible for the child during that time which would be the non custodial parent.

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yes, unless specifically specified otherwise in the court order.


As it is normally a part of the child support order, the custodial parent would.


If you suspect abuse you can call ChildProtective Services and report it. You will need to have valid suspicion and incident date. They have to investigate within 24 hours of report.


I hope that they do have some kind of rights. My brother passed away, and I have tried to spend time iwth my neice, and all I get is the run around. It is heart breaking, as she is my only neice and I love her to pieces.


During the divorce proceedings, the wife got custody of the children but the husband still has visitation rights on weekends.




No. You can petition the court to modify the visitation order because of those things, but until the court does so, you do not have any right to deny visitation.


Unless there is some sort of concern regarding visitation, such as it needs to be supervised, and the visitation is specific to the location, times, dates etc, then no, this is not a violation of a court order. Since the visitation is happening at daycare, and the child is not being removed from the daycare centre during non-court ordered visitation, there is no legal issue.


Go to the court of jurisdiction and file an emergency injunction temporarily stopping visitation rights based on the same. It is your right to know exactly where your child will be staying during visitation and if the location is unsuitable, it is also your right to request visitation modification based on the same including termination of visitation or supervised visitation.


It is his choice as to whether or not he exercises his visitation. He does not have to but the mother does have to make the child available should he decide to exercise his visitation.



If you're in the US... First, there is no 'them' obtaining visitation. It's 'him' obtaining the visitation. The wife doesn't have a right to visitation, but the father does. Second, *you* don't have to give him anything, but the court can order it. Third, the fact that she is facing criminal charges (and you didn't say what kind of charges) does not automatically exclude him from visitation, although the court may place restrictions on his visitation--ie that it be supervised or that the wife not be allowed around the child during his visitation.



Whether or not a parent is paying child support is irrelevant when the issue is visitation rights. If there is a court order for visitation the primary custodial parent must allow it or be found in contempt of court. If there is not a court order in place the custodial parent can make the decision to when, where or if visitation is allowed. Visitation guidelines are usually established during the custodial proceedings.



No. A mother has no such power. Only a court can deny visitation rights of a father. During a marriage both parents have equal rights concerning the child. If she wants to stop visits with the father she must petition the court and provide compelling evidence that it is in the best interest of the children. The court will investigate and review the situation and render a decision.


That would be a decision that would the judge would have to make if the parents could not agree on the change of visitation. The biggest obstacles would be the age of the child and the method of transportation. Most judges are open to such arrangements as long as the requesting parent can submit proof the child would be properly supervised and cared for during his or her stay. ---- See related link below for a recommend long distance visitation schedule



It's not favorable of course, but a criminal record will not automatically preclude you from visitation rights. The courts will consider the nature of the crime, whether conditions of parole or probation have been met and if not whether such conditions would present a hardship in caring for the child, and whether or not it's in the best interests of the child for visitation to occur. Courts try very hard to encourage involvement of both parents in a child's life. If there is any reason to fear for their safety or well being during visitation, the court may order supervised visitation under those conditions, at least for a period of time until the court is satisfied that the parent presents no danger to the child's welfare.


You can get a judge to ... do something, I'm not sure exactly what the proper terminology is here ... to put visitation "on hold" if you can convince him or her that it would be in the best interest of the child to do so, pending the ultimate resolution of the case.You can't just decide on your own to do it. Well, you can, but if you actually follow through on that decision, you're gambling that the judge will agree with your decision later, instead of finding you in contempt of court. In an actual legitimate emergency (the noncustodial parent has threatened to kill the child during the next visitation, for example) you'll probably want to go ahead and take that risk, but you should also contact the court requesting a stay (or whatever it's called, but they'll know what you mean) as soon as possible so they know you at least tried to get permission to ignore the visitation order before doing so.


He may have his visitation modified or rights to visitation terminated by the courts if his absence becomes chronic and the custodial parent files a motion for such based on the same. Also, child support may be increased in favor of the custodial parent due to increased parenting time.


This is not a proper question. You need to clarify exactly what it is you want to know.


No, however if there is a concern for safety, that is an issue to present to the court.


That depends on state law where you reside and the terms of your visitation agreement. Your ex or the court may have to approve such an arrangement. After all, the visitation is for you, not your new spouse. It might be a better option for everyone involved to change the weekend of your visitation if your ex is cooperative. If not and you don't have time to petition the court, there might be some negative fallout. Cover your bases.



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