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In the case of non custodial parental visitation which parent decides the weekend?
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∙ 9y ago
Neither parent; custodial or non custodial decides visitation. Visitation is determined through the courts, and a judge decides when visitation will occur.
Wiki User
∙ 9y ago
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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.
Visitation Order-What is a good example of a Standard Visitation order?
STANDARD VISITATION ORDERIT IS FURTHER ORDERED, ADJUDGED AND DECREED that the custodial parent(s) and the non-custodial parent(s) shall be bound by the following terms and provisions, and the non-custodial parent(s) shall have possession of the child(ren) as follows:(a) Definitions. In this section:(1) "School" means the primary or secondary school in which the child is enrolled, or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides.(2) "Standard Order" or "standard possession order" Means an order that provides a parent named as a non-custodial parent with rights of possession of a child in accordance with the terms and conditions provided in this section.(3) "Child(ren)" applies to all children the subjects of this cause of action under the age of 18, and not otherwise emancipated.(b) Mutual Agreement or Specific Terms for Possession. It is ordered that the parties may have possession of the child at any and all times mutually agreed to in advance by the parties and failing mutual agreement, shall have possession of the child under the specified terms herein set out in this standard order.(c) Parents Who Reside 100 Miles Or Less Apart.Except as otherwise explicitly provided, if the non-custodial parent resides 100 Miles or less from the primary residence of the child, the non-custodial parent shall have possession of the child as follows, according to the election made as indicated by an "X" or "/":(1)____ (a) on weekends from 6 p.m. on the first, third and fifth Friday of each month until 6 p.m. on the following Sunday (or, at the non-custodial parent's election made before the rendition of the original or modification order), ____ (b) from the time the child's school day ends, if any, on the first, third, and fifth Fridays of each month until 6 p.m. on the following Sunday; and(2)____ (a) on Wednesdays of each week during the regular school term from 6 p.m. until 8 p.m., (or at the non-custodial parent's election made before the rendition of the original or modification order), ____ (b) from the time the child's school day ends, if any, until 8 p.m. on Wednesdays of each week during the regular school term.(d) Weekend Possession Extended by Holiday. Except as otherwise explicitly provided, if a weekend period of possession of the non-custodial parent coincides with a school holiday during the regular School term, or with a federal, state, or local holiday during the summer months in which school is not in session, the weekend shall extend until 6 p.m. on a Monday holiday or school holiday or shall begin at 6 p.m. Thursday for a Friday holiday or school holiday, as applicable.(e) Vacations and Holidays. The following provisions govern possession of the child for vacations and for certain specific holidays and supersede any conflicting weekend or Wednesday periods of possession provided by subsections (c) and (d) of this section. The non-custodial parent and custodial parent shall have rights of possession of the child as follows:(1) the non-custodial parent shall have possession of the child in even-numbered years from 6 p.m. on the last school day before the Christmas school vacation begins until noon on December 26th, and the custodial parent shall have possession for the same period in odd-numbered years;(2) the non-custodial parent shall have possession of the child in odd-numbered years from noon on December 26th until 6 p.m. on the day before school resumes, and the custodial parent shall have possession for the same period in even-numbered years;(3) the non-custodial parent shall have possession of the child in odd-numbered years from 6 p.m. on the Wednesday before Thanksgiving until 6 p.m. on the following Sunday, and the custodial parent shall have possession for the same period in even numbered years;(4) the non-custodial parent shall have possession of the child in even-numbered years from 6 p.m. on the last school day before the school's spring vacation begins until 6 p.m. on the day before school resumes, and the custodial parent shall have possession for the same period in odd-numbered years;(5) if the non-custodial parent:(A) gives the custodial parent written notice by May 1 of each year specifying an extended period or periods of summer possession, the non-custodial parent shall have possession of the child for 30 days between June 1 and August 31, to be exercised in no more than Two separate periods of at least seven consecutive days each; or(B) does not give the Custodial parent written notice by May 1 of each year specifying an extended period or periods of summer possession, the non-custodial parent shall have possession of the child for 30 consecutive days at 6 p.m. on July 1 and ending on July 31;(6) if the custodial parent gives the non-custodial parent written notice by May 15 of each year or gives the non-custodial parent 14 days' written notice on or after May 16 of each year, the custodial parent shall have possession of the child on any one weekend from Friday at 6 p.m. to 6 p.m. on the following Sunday during any one period of possession by the non-custodial parent under subdivision (5) of this subsection, provided that the custodial parent picks up the child from the non-custodial parent and returns the child to that same place;(7) if the custodial parent gives the non-custodial parent written notice by May 15 of each year or gives the non-custodial parent 14 days' written notice on or after May 16 of each year, the custodial parent may designate one weekend between June 1 and August 31, during which an otherwise scheduled weekend period of possession by the non-custodial parent will not take place, provided that the weekend so designated does not interfere with the non-custodial parent's period or periods of extended summer possession or with Father's Day if the non-custodial parent is the father of the child;(8) the parent not in possession of the child on the child's birthday shall have possession of the child from 6 p.m. to 8 p.m. on that day, provided that the parent not in possession picks up the child from the child's residence and returns the child to that same place.(9) if the father shall have possession of the child on Father's Day from 9 a.m. to 6 p.m., provided that, if he is not in possession of the child, he picks up the child from the child's residence and returns the child to that same place; and(10) if the mother shall have possession of the child on Mother's Day from 9 a.m. to 6 p.m., provided that, if she is not in possession of the child, she picks up the child from the child's residence and returns the child to that same place.(f) First Right Of Refusal. If the parent in possession of the child shall be away for an extended period of time they shall give the other parent the right of first refusal to care for the child.See related link for long distance visitation.
Can a non-custodial parent refuse to send a child home?
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.
Father of a child who does not have primary custody only joint is taking the child to NC for a vacation on his weekend he refused the primary parent any information agreement was made in CT legal?
Read your custody agreement. Everything that governs, or limits, the 'right' of the non-custodial parent during his visitation should be set forth in the custody agreement. If it isn't set forth in the custody agreement then there is no limitation on him. It is, I agree, pretty callous to just take the child off out of state and not give you any contact information. If the custody agreement limits what he can do and where he can go with the child, you could take him back to court asking for the court to find him in contempt of the order, and possibly request further limitations on his visitation.
If spouse is not biological father does he have visitation rights?
the family NEVER has the legal right of visitation if not awarded specifically by a state court. Morally, if the intentions of visitation are simply for acknowlegement of relation, then legal guardians(you) should discerningly, allow visits with blood relatives(them) under supervision of legal guardians(you). in other words, NO. ANSWER: Actually, in some states that isn't true. In Wisconsin there is a thing called Grandparent's Rights. This entails that the biological Grandparents are entitled to 1 weekend a month to see the child. I'm not sure what other states that applies in but it is something to look into to be sure of.
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 custodial parent stop non custodial parent from getting children on court ordered weekend visits?
Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.
Is a 14 year old obligated to go to parents every other weekend in pa?
If the parent has court-ordered visitation, yes. If there is a legitimate reason the child does not want to visit the parent, the custodial parent can petition the court to revise the visitation order. Be aware the court will not deny a parent the right to visitation without a very good reason, nor will they look kindly on a custodial parent who request it without a very good reason.
Can a mother spend every weekend with her kids with visitation rights?
yes
Who is responsible for expenses during the non custodial parent weekend?
that parent see my profile
Can you leave your daughter with your new wife while you have to work during your weekend visitation?
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.
Can a custodial parent remove a child abroad although child has ever weekend with the other parent?
no
Can a non custodial mother who has her child every weekend and half of the school holidays apply for child support?
no
Can a mother take the child out of state for the holidays without consent of the father who has visitation on that weekend she wants to go out of state?
No
Does your employer have to let you off work when its your weekend to have your children?
No, but a good question to the parental leave act.
How did Jeff dunham get custody of his kids?
He doesn't have custody of his kids!! His ex-wife Paige does. Jeff has visitation every other weekend.
Who has the right to a child if the joint custody parent cannot meet his scheduled weekend?
Your question is unclear. If the non-custodial parent cannot take the child on her/his scheduled weekend the child will remain with the custodial parent. This is one of the many 'inconveniences' of divorce with children. However, the children should never be aware that a parent thinks spending time with them is inconvenient.
