No Minors, unless between the age of 16 and 18 and married or serving active military may refuse visitation when there is a valid Court Order. However, the residential parent can petition the court to modify the terms of the contact agreement if keeping the child away from the other parent is in the manifest best interest of the minor. This is difficult to do unless the child is being abuse in some way. If this is the case get the child to a counselor that is qualified to testify in Court, then line up other witnesses who are privy to the abuse. Once this evidence is gathered filed the petition to modify and if the Court deems it harmful for the child to continue with contact, it will be modified to supervised contact or perhaps, no contact. No Court wants a child to be alienated from another Parent unless it is to protect the child.
Age 18
see link below
First, it is an Urban Myth that fathers go for custody to avoid paying child support. First, who would support the children while in his custody? Less then 15% of mothers are ordered to pay, and depending on circumstances, the custodial father is often still ordered to pay child support.
Age 18 see link
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.
Legally the custodial parent can deny visitation outside the court ordered terms. But if custodial issues come before the court again the incident might not look favorable for the custodial parent. To refuse an activity such as noted in the question would appear to be mean spirited unless the request for visitation interferred with the child's/children's school, medical care, extracurricular activity or something similar.
Yes, he does. If brought to the court's attention he may lose his visitation rights altogether.
yes
The biological parents should attempt to work together amicably for the best of their children. When the non-custodial parent has visitation time, and they are re-married, chances are that the children may be spending time alone with the step-parent and it can be in the child's best interest for there to be open dialogue.
18. Until that age, the court order must be followed (and I'm assuming there is a court order for visitation). The child does not have the option of refusing. If there is a *legitimate* reason that the child does not want to have contact with the parent, then the custodial parents needs to go back to court and request that the court order be modified.
This is complicated, but the bottom line is that visitation is regarded legally as a privilege, not an obligation. If the non-custodial parent doesn't want to visit the child (for whatever reason), the courts are not likely to force them to do so.An analogy may help: I have a driver's license, but I don't have to drive on any particular day if I don't want to.
In North Carolina, a child at age 13 does not have the legal authority to refuse visitation with a parent who has court-ordered visitation rights. Visitation rights are typically determined by the court and are legally binding unless modified or revoked by the court.
There can be legitimate reasons for withholding a visitation. Those reasons must be explained by testimony in a court hearing if the non-custodial parent files a motion for contempt against the custodial parent. The custodial parent should be well prepared with dates and times and reasons for withholding the visit along with witnesses if possible and should be reporting the circumstances to their attorney.Possible reasons include:A court order to that effect.Suspicion that the child is being abused or neglected. This must be followed up as soon as possible with a temporary court order until the situation can be fully evaluated by the court.The non-custodial parent appears to be under the influence of alcohol or drugs when they arrive to pick the child up.The child is very sick.The non-custodial parent arrives at an unscheduled time.The non-custodial parent does not appear in person to take the child. If they send a substitute without the prior approval of the custodial parent the custodial parent could refuse to allow the pick up.
Yes. The custodial parent must follow the visitation schedule or they will be in contempt of a court order. Any changes to the visitation schedule must be made by the court through a modification