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If there is an order of visitation it must be followed unless to do so would place the child in a position of endangerment. If the custodial parent believes the child would be in jeopardy the custodial parent should contact the court immediately to request a change in the visitation order. The custodial parent should never disobey a court order of visitation simply because the child does not wish to see the non custodial parent. To do so could be seen as contempt of court and serious consequences could arise.

If there is no court order the custodial parent can decide whether or not visitation should be allowed and if allowed the terms under which it will occur.

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8y ago
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16y ago

Yes! in fact if someone is being abused then that person needs to report it before it's to late. Abusers are usually victims of abuse themselves and need to break the cycle of abuse. This sometimes cant be done alone and with some help it is possible for healing and healthy people. Please seek help through your guidance counselers and chid advocates, for your own safety do this, it's not wrong to help people you love. But dont put up with being abused, get help, so your father can get help. Your life is to precious for it to put up to chance, next time may be your last. Lots of luck and if you need to talk e-mail me through my bio-page or I'll try to respond if I see another question from you. I myself suffered the hands of an abusive stepfather and he came close to killing me, but I went and made it through my experiences to help others.

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9y ago

No, a non-custodial parent cannot refuse to send a child home if their visiting times are outlined in a court document. If the non-custodial parent does that, it is contempt of court and they could get fined and even do jail time.

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15y ago

Going thru the same thing right now it is parental kidnapping, contact your local police and file charges immediately. http://www.missingkids.com/en_US/publications/NC75.pdf That link explains everything you need to know and all the laws involved in the matter. If I can be of further assistance contact me thru Yahoo greywolf120567

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13y ago

This is a common and complicated issue when there is tension in the custody. If there is a court ordered visitation agreement then it needs to be followed whether or not the child necessarily wants to follow it. Unfortunately it will be the parent and not the child that will be held in contempt of court. The best way to approach this situation is to talk about it with both parents and the child and if need be, to take the problem to the court

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12y ago

If it's a matter of the mother and father having separate custodys over the child, at the age of 15 a child can refuse to visit the other parent, even so far as to go to court, and remove the custody of one parent. You can also choose which parent you want to have full custody of you.

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12y ago

no,its the judges decision if yhe parent has the child for every other weekend. if so the child HAS to!

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Q: Can a non-custodial parent refuse to send a child home?
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Is it the noncustodial parent's responsibility to pick up and take home a child in the state of Alabama?

If it is not stipulated in the custodial agreement the parents are responsible for working out an equitable solution concerning transportation issues.The court however, generally assumes it to be the responsibility of the noncustodial parent to arrange such matters in a manner that will be advantageous to both the custodial parent and the child(ren).


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 Child protection agency help with custody if other parents has a unfit home?

In general, child protection does not get involved in custody in any way. If a child is removed from an unfit home the noncustodial parent can often have the child placed with them, but are considered a foster parent in the legal sense. There is a federal law that states that the offending parent has 15 out of the next 22 consecutive months to rehabilitate and get custody back of their child. If this does not happen then the state is obligated to file a termination of parental rights against that individual. If the parent completes rehabilitation then the child is returned to their custody and the parents must determine custody through a separate court action. The short answer is that child protection is generally required to attempt to reunify the child with the parent that they were removed from.


If One parent has full custody but child wants to live with noncustodial parent?

They recently changed the laws of custody, No one parent has full custody UNLESS they see the other parent as unstable and unfit. If the parent you want to live with has been deemed unfit as a parent then it will have to be taken to court or you can contact certain child organizations to give you more details about how to leave your current home and return to the home of an "unfit parent" However if one parent obtained full custody of the child and the other parent was not deemed unfit as a parent, you may still live with them because of the recent change in custody laws, stating no one parent can have full or primary custody. (in other words, if your mom has full custody and your dad has none ((Also assuming the father hasn't been charged with being a drug addict, alcoholic, or financially unstable etc.)) you may live with the father)


If a parent tells a child that if they don't like their home then they can get out can the child ACTUALLY leave?

Legally, if the child is still a minor than no. If the child is underage and leaves the home the parent could be charged with abandonment. It is the parents reponsibility to look after the child until they reach adulthood. What the child wants does not really matter.

Related questions

In Texas what age can a child stop going to the noncustodial parent for visitiation?

When they move out of the custodial parent's home see links


How can a lien be put on a home for arrear child support if noncustodial parent doesn't own home?

Not possible if you don't have one.


What can happent to a parent if they refuse to let there 16 year child to live at home?

i think the parent has to let a child live at home until they are 18 unless they both agree the child can move out


Can the noncustodial parent get custody of the child if the child does not want to go back home.. Without a lawyer Ages are 15 13?

I believe that the child at age 15 or 13 cannot go with the noncustodial parent because it is not the child's choice. The judge is the only one that can make the disicion. Let the child present his case and concern to the judge and let the judge make his proclaim.


Is it the noncustodial parent's responsibility to pick up and take home a child in the state of Alabama?

If it is not stipulated in the custodial agreement the parents are responsible for working out an equitable solution concerning transportation issues.The court however, generally assumes it to be the responsibility of the noncustodial parent to arrange such matters in a manner that will be advantageous to both the custodial parent and the child(ren).


Is a custodial Parent required to send clothes to the noncustodial parents home?

depends if they pay child support. if they do then yes because kids clothing is not cheap


Can a father let his child stay with him and not bring home to primary custodial parent?

If the child is young enough to be subject to custodians, the only way a child can stay with a noncustodial parent beyond the requirements of the divorce or separation agreement is with the approval of the custodial patent.


Does a child not related to the case that is living in the home of the noncustodial parent effect the calculation of child support?

That is dependent on state law and the view of the judge. In many states, not even a biological child would affect it.


If a child leaves their home to live with the noncustodial parent is the custodial parent responsible for child support payments?

No, the parent whom the child began residing would need to file for custody and also support before the original custodial parent would be obligated. However there would be no guarantee that a court would grant the motion.


Can noncustodial parent relocate to another state without courts permission?

I think so, however you will need the courts permission for the child to visit you and leave their home state.


What steps can be taken by noncustodial parent if court ordered parent puts 17 year old child out of his home and child wished to remain in current state and current school?

Your question is unclear. Do you live in another state and what is your intent? see link for help


If a 16 year old runs away from their custodial parent in NC to live with their noncustodial parent in WY can they be forced to return home?

Yes.