Denying a grandmother visitation when there is a protective order in place is not considered abuse; rather, it is a legal compliance with the order intended to ensure safety. Protective orders are issued to prevent harm or harassment, and adhering to them is crucial for the well-being of the individuals involved. If there are concerns about safety or previous harmful behavior, the protective order serves to address those issues. It’s important to follow legal guidelines and seek legal advice if there are questions about visitation rights.
Child support and visitation are separate issues. The non-payment of support would not prohibit a biological parent from being granted visitation rights. Any suspected abuse of a child should be reported to the state family and children's services (child protective services) to be investigated. If the investigation finds that abuse did occur or there is a possibility of it occurring, a judge can deny visitation or order court supervised visitation. Child support can be ordered by the court with or without visitation rights being granted to the non-custodial parent.
Assuming the visitation is court ordered, then no. If there is a legitimate reason the minor does not want to spend time with the parent (ie they're a drug abuse), then the custodial parent needs to petition the court for a modification of the visitation order.
YOU cannot deny any custody or visitation. Only the court can make an enforceable decision regarding these matters. State laws vary. If physical abuse is the case, the custodial parent will need a record of the abuse and should call the police, take pictures to record the effects, and try to have dis-interested witnesses present at the time of any contact between the parents. If there is no abuse to the children, or no abuse in the presence of the children, it is unlikely to make any change in the court decision for joint custody. It may compel the court to make some order for supervised exchange of the children for visitation. Only the court can make any decision, especially regarding custody. If the non-custodial parent is abusive to the children it may be very good grounds for a sole custody arrangement. It may also encourage the court to provide for supervised visitation. Visitation is a different issue than custody. Visitation is the means for the non-custodial parent to have a relationship with the children and build that relationship. A court generally regards this as semi-sacred. A custodial parent should NOT deny visitation. If it is necessary to curtail visitation for the real safety of the children, the custodial parent should immediately file a request for a change of visitation. Otherwise, a court may frown on a parent who denies visitation. In some states, continual denial of visitation can be grounds for a change of custody.
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No. There are no such direct legal rights that benefit grandparents. The sole authority of a parent over their own child should always be paramount in the law. No other person can be allowed to break that right without just cause. Grandparents can report cases of abuse or neglect. They can attend the family group conference when allegations of abuse or neglect are being evaluated. They can petition for an order of guardianship if the case progresses to family court. They have no right to demand visitation rights or custody when there is no abuse or other problem present. See related link.
As a grandparent, you can ask the intake worker from Child Protective Services (CPS) if you can visit your grandchild, but you will be prevented from allowing your son access to same child. You do have the right to retain an attorney and move the court, if necessary, as an "intervenor" for grandparent's visitation rights to said child. Dean Tong, MSc. abuse-excuse.com
Child support and visitation are separate issues. The non-payment of support would not prohibit a biological parent from being granted visitation rights. Any suspected abuse of a child should be reported to the state family and children's services (child protective services) to be investigated. If the investigation finds that abuse did occur or there is a possibility of it occurring, a judge can deny visitation or order court supervised visitation. Child support can be ordered by the court with or without visitation rights being granted to the non-custodial parent.
Since you are heading toward a divorce or legal separation you should consult with an attorney who can guide you through the court process to establish a visitation order and child support order and defend you against the domestic abuse complaint if that is appropriate.Since you are heading toward a divorce or legal separation you should consult with an attorney who can guide you through the court process to establish a visitation order and child support order and defend you against the domestic abuse complaint if that is appropriate.Since you are heading toward a divorce or legal separation you should consult with an attorney who can guide you through the court process to establish a visitation order and child support order and defend you against the domestic abuse complaint if that is appropriate.Since you are heading toward a divorce or legal separation you should consult with an attorney who can guide you through the court process to establish a visitation order and child support order and defend you against the domestic abuse complaint if that is appropriate.
In the US, visitation is not optional. The only way a court would deny a parent visitation is if there is a very valid reason for it (ie alcohol, drugs, abuse, etc), and even then they would likely get supervised visitation.
You can get a restraining order against him. Go to your city`s court house or police station and ask them for help in getting one.
Penal code 1202.05 states that a person who was convicted of sexual abuse against someone under the age of 18 years old cannot have visitation with that victim. This is used when a parent abuses their child.
Child Abuse can reported at your state's Family and Protective Service Office. You will want to look in your Yellow Pages for the number or 'Google' (state) Child Protective Services.
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Child support and visitation rights are different issues. If there is no visitation order from the court the custodial parent can decide if visitation will be allowed and if it is, the terms, such as days, hours, etc. The non-custodial parent can file a petition with the court for visitation rights if an amicable solution cannot be agreed upon. Generally there must be a documented history of abuse or serious neglect before a judge will refuse a biological parent visitation rights. There are 2 different things. Legal custody and Physical custody. Regardless, child support and visitation are two completely different matters. He CAN ask the courts for visitation, it does not matter if he has been paying or not. If the father has no documented record of abuse with the child or any other violations then there's no right against him seeing the mother in which case he asks the court.
Adult Protective Services generally include: investigations of neglect, abuse and exploitation of adults who are elderly or have disabilities, and education to the public about prevention of this kind of abuse.
Assuming the visitation is court ordered, then no. If there is a legitimate reason the minor does not want to spend time with the parent (ie they're a drug abuse), then the custodial parent needs to petition the court for a modification of the visitation order.
This would depend on the visitation rights and, weather or not the charges pressed if any. In most cases they can for right resons, such as neglect, abuse and, many others, but in some they cant.