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If a father refuses to return child to mother after visitation time what can be done?
Wiki User
∙ 17y ago
File parental kidnapping charges. File contempt with state. If you know where the child is being kept and the other parent isn't there you can pick up the child at the babysisters.
We had this problem with my husband's exwife, she took them to IN for a summer visit and signed papers saying she would bring them back in the middle of Oct. We finally got them the 2nd week in Nov. She refused to honor her signature and drive them back, we had to drive to pick them up. She kept screaming that she didn't know WHY he wouldn't just let her keep the kids. We called the police in IN, they told us that they do have laws against parental kidnapping and such on the books, but that unfortunetly they had never written down any way to enforce these laws so there was really nothing that could be done to return the children other than wait for her to bring them back or file a contempt order in the original state, FL. wait for months or years and see if she showed up for that but if not we'd have to wait till she went back to FL if we happened to know about it and try to get her there.
Wiki User
∙ 8y ago
Wiki User
∙ 17y agoIf you have a court ordered agreement, you can follow up from there. What action can be taken to have the child returned depends totally upon the custodial arrangement. If the parents have joint custody with one parent holding primary (the residence the child lives in most of the time) that parent will need to obtain an order from the court to have the child returned to his or her custody. If a parent holds sole custody he or she can request the assistance of the law enforcement agency that has jurisdiction to recover the child, such action should only be taken as a last resort. The parent must present the original sole custodial order before law enforcement can become involved.
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Can a mother get into trouble if the father is paying child support and not seeing the child?
Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.
Can a child influenced by a controlling father refuse to return to full or shared custodial mother?
No. The father must obey the visitation order that was issued by the court that has jurisdiction over the case. If he continues to violate the visitation order and continues to exert negative influence on the child rather than trying to mitigate the situation, he could lose both any shared legal custody and visitation rights.
Can the father still have visitation if he is not paying child support but has a court order to pay?
Visitation and child support are two different issues. Legally you can't keep your child from visiting the father on that charge. Some fathers have gotten modified change of custody orders because the mother wouldn't allow visitation.
If your son's father has not used his court mandated visitation in almost a year can he return to the visitation schedule whenever he chooses?
AnswerYes.Until the court order is changed, it stands and he is well within his rights to excercise his rights.More OpinionsAs clarification, the court can only award visitation rights, it cannot force (mandate) a parent to exercise those rights. A judge will rarely rescind such rights unless there is confirmation of abuse or endangerment of the child or other similar issues.
What can a father do if mother breaks court order and he is paying his support?
Return to court and file a contempt against her explaining which court order she is violating.
Can a mother get into trouble if the father is paying child support and not seeing the child?
Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.
If a father has visitation rights but rarely comes to see his child what steps can be taken?
It depends on what you want to do. If you don't mind about the father rarely visiting, then there are no steps to be taken. It really is a matter on what you want to do about the father rarely visiting his child.
Can unmarried father who isn't on the birth certificate make the mother go to S Carolina where he lives for a custody case even though the mother and child have been in N Carolina for 4 years?
It is unlikely the father can make the mother return unless there is an existing visitation order in the South Carolina court. The mother must seek the advice of an attorney as soon as possible.It is unlikely the father can make the mother return unless there is an existing visitation order in the South Carolina court. The mother must seek the advice of an attorney as soon as possible.It is unlikely the father can make the mother return unless there is an existing visitation order in the South Carolina court. The mother must seek the advice of an attorney as soon as possible.It is unlikely the father can make the mother return unless there is an existing visitation order in the South Carolina court. The mother must seek the advice of an attorney as soon as possible.
What do you do if the father has visitation rights but not exercising them How do you change the agreement?
You need to return to court and request a modification of the visitation order.
Can mother in Georgia move with children to California?
The father could file an injunction ordering their return. Go to court and set up a long distance visitation. see link
Can a child influenced by a controlling father refuse to return to full or shared custodial mother?
No. The father must obey the visitation order that was issued by the court that has jurisdiction over the case. If he continues to violate the visitation order and continues to exert negative influence on the child rather than trying to mitigate the situation, he could lose both any shared legal custody and visitation rights.
Can a father get custody if he is not compliant with visitation?
Possibly, depending on the circumstances of his non-compliance and whether or not the court feels it would be in the best interests of the child for him to be granted custody. Generally, however, a parent's refusal to abide by court ordered visitation is not favorable unless the non-compliant parent can present compelling evidence to the contrary.
Does a father have to return tha child to mother if there is no court order in California?
Unless they are married or he has custody he has to return the child or it will be kidnapping. If you are not married and you have not established paternity yet or have not petitioned for visitation or custody she does not have to let you see the child. When not married she automatically get custody since there is proof she is the parent.
What happens if the father does not return children to their mother who lives out of state pursuant to a court order?
Neither the court nor the father can force the non-custodial parent to take advantage of their visitation rights. The custodial parent can return to court to request a modification of the existing visitation order if the parent continues to violate it. It's not fair to the child to continue to be prepared for a visitation that doesn't take place.Neither the court nor the father can force the non-custodial parent to take advantage of their visitation rights. The custodial parent can return to court to request a modification of the existing visitation order if the parent continues to violate it. It's not fair to the child to continue to be prepared for a visitation that doesn't take place.Neither the court nor the father can force the non-custodial parent to take advantage of their visitation rights. The custodial parent can return to court to request a modification of the existing visitation order if the parent continues to violate it. It's not fair to the child to continue to be prepared for a visitation that doesn't take place.Neither the court nor the father can force the non-custodial parent to take advantage of their visitation rights. The custodial parent can return to court to request a modification of the existing visitation order if the parent continues to violate it. It's not fair to the child to continue to be prepared for a visitation that doesn't take place.
The father got custody years ago the children are 9 and 14 and he won't let me see them. How old does the child have to be for visitation in Colorado and can I fight for visitation?
Yes of course you can. Visitation rights or shared custody should be settled when they are babies. There should have been a visitation order entered at the time the father was granted custody. There is no age restriction. Unless you were deemed an unfit parent you have the right to a visitation schedule. You should return to the court that issued the custody order and request a visitation schedule.
After summer visitation with father does the standard visitation return to the normal 1 3 5 weekends Or does mother have child for the rest of the summer with no father visits until school starts?
It should state in your parenting plan. In my case we split the summer time equally, but each parent gets 2 uninterupted weeks during the summer. But be the better person and let the father have as much time as possible, it's in the best interest of the children for everyone to get along.
What can you do if ex wife doesn't allow you to see the kids?
firstlyu... i do not think the ex husband should control you... he should be contacting you only to meet the children. If the children are calling you when they are with him... i guess he is not a good father and they should not meet him anymore. You should try to stop them meeting this ex hubby. looks like he is a jerk.
