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What to do if court ordered child visitation is being blocked by a parent?
Wiki User
∙ 12y ago
The parent being refused visitation should contact the attorney who handled the custodial case. If there was not legal counsel they should call the clerk or the court where the visitation order was issued for instructions on how to file a petition of "non-compliance of a court order" against the parent who has primary custody. The parent is in direct violation of a court order and unless he or she can show "just cause" for the action they may be charged with contempt of court. In some states it is possible to enlist the help of local law enforcement if the parent presents the court order of visitation. This however is not the best option as it creates a very stressful situation for the children and is only temporarily helpful in resolving the matter.
Wiki User
∙ 18y ago
Wiki User
∙ 12y agowell it depends on why its being blocked and if the parent is blocking it just because they don't want the child to see the other parent, if that is the case it isn't allowed and you should speak to the court about this i know this because my parents have been in custody battles since i was 3 and i havent seen my dad in a year because the visitation things.
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Would it be best to not seek child support for fear of the narcissistic father seeking visitation for the infant child you strongly believe he molested?
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.
Father wants visitation there is no parent plan does court have to notify mother of motion being filed in court for visitation rights.?
She has to be served. see links below
What if the custodial parent does not allow the child to see the non-custodial parent even though the court said she can - does the non-custodial parents still have to pay support?
Child support and visitation rights are two entirely different issues. The terms of visitation should have been determined before divorce proceedings and finalized when the divorce decree was awarded. The court generally prefers the parents reach an amicable agreement for reasonable visitation by the non-custodial parent. If specified days/times have been ordered by the court the custodial parent must allow visitation or risk being in contempt of a court order.
Can you keep the father of your child from having visitation rights and still collect child support?
Child support and visitation are two separate issues. The custodial parent can file a suit for child support but cannot deny the non custodial parent custodial or vistation rights is said parent wants those rights. That being said, the non custodial parent can file for custody or visitation regardless of whether the child support issue is addressed or not. Such matters are decided by the court if the parents cannot find an equitable solution.
Is there a law against keeping a child from seeing his parent on court-ordered visitation rights?
Yes. The custodial parent is required to obey the court order or face sanctions that may eventually include loss of custody. The non-custodial parent must stay on top of the situation and file a motion for contempt of a court order. It is extremely difficult to contend with a non-compliant parent and the most difficulty is experienced by the child. Courts do not take that type of behavior lightly. See related question link.
Can you force child visitation?
I think you mean if the visiting parent has a court ordered visitation. If the parent has court ordered visitation then yes the child is forced to be with the parent, that is what the court order is for. If the parent has no court order than legally the answer is "no" but i think if both parents agreed to a time for one of them to spend time with their child the child being a minor must do as the parents tell him or her to do.
Does out of state father have to provide travel itinerary for child even though visitation is court ordered?
A non-custodial parent should provide either an itinerary, or contact information in case of an emergency regardless of visitation being court ordered or not.
If parent is no paying support do the children have to go with him?
First thing..in Indiana...most courts view support and visitation as two separate issues. If the support is required through the courts the judge will ask what the visitation is at that time. However, if the non-custodial parent wants to get visitation without the custodial parents agreement, the non-custodial parent will have to file a request with the court and have a judge issue visitation. If there is no visitation order in place by a judge/court, the custodial parent has no legal requirement to permit visitation. I have dealt with this issue personally as well as my sibling, me being a custodial parent my sibling being a non-custodial parent. So I have seen what happens from both sides. Basically if it something isn't ordered by a judge/court, there is no legal requirement to do visitation or support.
Can a step parent refuse visitation if in fear of well being in home?
I assume it's not the step parent that is granted visitation. This is something the step parent and spouse have to work out since it's the spouse who has asked for visitation and therefor it's her responsibility to make it work. If the step parent own the house he can choose who's in it and who is not and same goes for the spouse if she owns it. The step parent have no authority over the visitation order.
Would it be best to not seek child support for fear of the narcissistic father seeking visitation for the infant child you strongly believe he molested?
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.
What happens when you are paying child support but being denied visitation and your child resides in a different state?
The non-custodial parent should file for visitation rights for the child in the county where custody was given. If the parent who has custody of the child is preventing the non-custodial parent the right of visitation they can be found in contempt of court if visitation has already been established. If the custodial parent has too many repeated contempts filed against them, custody can be switched to the other parent.
What does it mean Louisiana if parents are awarded co-domicilary custody with one being named domicilary parent and the other awarded reasonable visitation?
It means that the child will reside with one parent and the other parent has been granted reasonable rights of visitation.
What happens when the non custodial parent who shares joint custody gets awarded temporary custody with supervised visitation Supervised visitation is not being allowed?
by whom?
Father wants visitation there is no parent plan does court have to notify mother of motion being filed in court for visitation rights.?
She has to be served. see links below
Do you still have to pay child support if your child is not attending school or is not being homeschooled in the state of Tennessee?
You continue to pay support until otherwise ordered by the court. If the parent moved out of state without court permission or in violation of a custody order interfering with the non-custodial parent's visitation rights, the non-custodial parent may file an action against the custodial parent for the same, or file for a modification in visitation, forcing the custodial parent to return the child for visitation as outlined in the original order.
What if the custodial parent does not allow the child to see the non-custodial parent even though the court said she can - does the non-custodial parents still have to pay support?
Child support and visitation rights are two entirely different issues. The terms of visitation should have been determined before divorce proceedings and finalized when the divorce decree was awarded. The court generally prefers the parents reach an amicable agreement for reasonable visitation by the non-custodial parent. If specified days/times have been ordered by the court the custodial parent must allow visitation or risk being in contempt of a court order.
Do you have to pay child support if your ex has had physical custody of your 16-year-old daughter for 4 years and you have had no visitation and your daughter has refused contact with you for 4 years?
Yes, if there is an active support order in place the obligated parent must adhere to the terms or risk being found in contempt of a court order. Child support and visitation are two completely different issues and the non compliance of a custodial parent to allow the other parent visitation has no bearing on the child support obligation. A parent who wishes to have contact with their children and is not able to do so, should consult with qualified legal counsel or agency for assistance in obtaining an order of visitation, compliance to an order of visitation, domestic mediation on the matter or other available options.
