What To Do If Custodial Parent Refuses Visitation
If they are a noncustodial parent they may lose some or all of their visitation rights and possibly whatever custody rights they do have. This would call for a show cause hearing with the court in which the custodial parent would be asked to explain or show cause as to why they are not complying with the visitation agreement.
Child Visitation Laws In Georgia Grandparents Rights Court Order Parenting
What to Do Legally Always keep in mind that your child missing scheduled visitation with your co-parent could put you and your family in a.
What to do if custodial parent refuses visitation. For more information about visitation rights and child custody refer to your states resources or speak with a qualified attorney. If the custodial parent is proven to cause problems with facilitating visitation it may be in the childrens best interest for custody to be switched to the other and currently non-custodial parent. At the Law Office of A.
On the other hand a custodial parent can more liberally deny visitation for a number of reasons. For example a custodial parent can successfully block visitation due to the threat of physical or emotional abuse. We can help you protect your visitation rights.
The custodial parents attorney has a. Even as that parent does their best to explain to the judge why their child is resisting the visitation schedule its the judge who will have to be convinced and believe that it is the child who is resisting visitation. If the court finds that you have been withholding visitation from the other parent consequences can include changes in custody fines and even jail time.
PA our top priority is your children and their welfare. Keep an eye on the childs disposition in multiple environments and times of. Naturally fights start with the non-custodial parent who often blames you for the lack of enthusiasm that your child has about the visitation time.
If your child is refusing to spend time with or stay with their other parent you have a responsibility to manage the situation as appropriately and positively as you can. If youve been granted visitation already by the court and your ex is overtly denying your visitation rights then its time to escalate matters and call the police. Do your best to be calmly evaluative.
Finding a Solution to Refusing Visitation There is no easy answer to the problem. If you are not sending your child on visitation because you are afraid for their well-being and are being charged with custodial interference contact our experienced family law attorneys at The Roberts Family Law Firm PA. In most situations the police will not take sides.
Every situation is different. On one hand the custodial parent doesnt want to face penalties or possible jail-time for violating a court-imposed custody schedule. However if you are legally bound to a visitation schedule you must abide by that schedule.
Courts are inclined to promote visitation for the non-custodial parent if they believe its in the childs best interests to maintain a relationship with their parent. This is a long and expensive process but in the end it. The custodial parent wont let me visit.
Its the responsibility of the custodial parent to ensure that the childs schedule is structured around the visits. To learn more about what to do if a custodial parent refuses visitation talk to an experienced Jacksonville FL child custody lawyer. You have the right to ask the court to enforce its order.
When a child refuses to visit a parent the custodial parent and the attorney are put in a tenuous position. Document any missed visitation Maintain a calendar of any time you were denied visitation no matter the reason. If the custodial parent fears imminent harm as in suspected abuse or neglect of the child they should contact the state child welfare agency and their family lawyer.
If you cannot get an attorney you can file the Motion on your own. When a child has continuously refused to cooperate with a visitation arrangement for a long period of time the court may interpret this as a sign that the arrangement isnt serving the childs best interests. What do I do.
Request modification of custody. We can assist you in presenting your allegations to the Court and help you fight to receive full custody. The custodial parent can be held in contempt by a judge for interfering with court-ordered parenting time.
Keep a visitation log and document each instance when your child avoids a visit and the reasons why. If you refuse the court can hold you in contempt. However the reasons must be real.
When thats not possible the custodial parent is obligated to get the co-parents permission. You can do this by filing a Verified Motion for Contempt with the court that ordered your visitation. Any texts emails or letters should be kept professional and on topic.
Thus seeking to gain more custody or visitation time outside of the courts approval can actually create a situation where you lose custody or visitation rights. You can try to get an attorney to help you with this. The child has other plans or youll be on vacation.
If any of these reasons concerns the endangerment of a childs safety then the court will allow it. For More Information About What to Do If a Custodial Parent Refuses Visitation. If the non-custodial parent decides to take it to court present this record with all the previous reasoning and you should not have any problem.
If you dont have an official child custody and visitation order on file with the courts then it may be time to formally file for visitation rights. In order to protect yourself from such complications keep a record every time the non-custodial parent forfeit visitation in the form of a calendar using computer-based scheduling software such as the one at Kids First or CustodyXChange. Include detailed notes about the circumstances surrounding the refusal.
Also keep copies of any correspondence with your ex which means keeping things civil on your end.
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