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What is the Standard Visitation for the non custodial parent if the custodial parent has Primary Physical Custody?
Wiki User
∙ 12y ago
There is no standard. The policies vary from state to state and from jurisdiction to jurisdiction. There are no universal standards in family law. See the discussion page for some examples from various jurisdictions.
Wiki User
∙ 12y ago
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How can you deny joint custody to an abusive parent?
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.
What happens if the custodial parent does not follow the court order for visitation in Nebraska?
He/she can lose custody all together. The non-custodial parent needs to file a motion for contempt of a court order. If the custodial parent continues to violate the order they could eventually lose custody.
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 your sons father keep him from you if you have never been to court to determine custody?
No. Not unless there is a court order to that effect. The custody order should include a visitation schedule for the non-custodial parent unless she has been deemed unfit and for some reasons the court denied visitation. She should return to that court and take the appropriate action by requesting a visitation schedule is there is none. A custodial parent who withholds visits without the authority to do so can lose custody of the child.
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.
What is the standard visitation for the non custodial parent if the custodial parent has primary physical custody in Tennessee?
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How do you relocate with joint custody in CT law?
If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.
Can you move your children out of state if you have residential custody?
There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.
Can a custodial parent in a joint legal custody arrangement gain primary physical custody of the child if the noncustodial parent violates visitation agreement by taking the child over several days?
No
How can a non custodial parent with visitation rights receive custody when custodial parent becomes incarcerated?
By applying to a court.
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?
If you pay child support can you see your child?
Child support and custody/visitation are separate issues. You should contact your local courts to file for visitation/custody if the custodial parent is denying visitation.
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.
If one parent has primary custody and the other parent has visitation which one is the custodial parent?
The custodial parent is the parent in which the child resides with. My son lives with me and I am the custodial parent, his dad has visitation rights and pays child support.
If you have sole custody and your ex has physical custody can you keep her?
You cannot have sole custody without physical custody. If your ex has physical custody, you are the non-custodial parent.
Does a non custodial parent have any rights regarding their child?
No. Ordinary citizens do not have the power or authority to revoke parental rights. That is the province of the court. You have to petition a court, present your evidence and let the judge decide.
Our VA custody agreement says we share legal and physical custody and the children shall reside with the mother for school purposes. The father has weekly visitation. Who is the legal custodial parent?
Both of you are legal custodial parents. Neither parent has greater costodial rights that the other one.
