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When custodial rights and/or visitation has not been legally established, the decision belongs to the parent who has primary physical custody of the child. If the couple are not married, the mother retains the legal right to make all decisions regarding the child (except support) until a court decides otherwise.

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Q: What is the procedure for visitation when there is not a custodial order?
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Related questions

If a parent's normal visitation is interrupted by a holiday are they entitled to make up the lost visitation time?

Custodial issues are determined by the terms of the original or amended custodial/visitation court order. If the order does not specify the terms of such issues as holidays, it is up to the primary custodial parent (the one whom the child resides) to decide when or if visitation should occur.


In the case of non custodial parental visitation which parent decides the weekend?

Neither parent; custodial or non custodial decides visitation. Visitation is determined through the courts, and a judge decides when visitation will occur.


Can a child decide to shorten their visitation with the non custodial parent?

No. The visitation order must be followed or the non-custodial parent can file a motion for contempt of a court order. If the parents are on good terms the order can be modified with the consent of both parties.No. The visitation order must be followed or the non-custodial parent can file a motion for contempt of a court order. If the parents are on good terms the order can be modified with the consent of both parties.No. The visitation order must be followed or the non-custodial parent can file a motion for contempt of a court order. If the parents are on good terms the order can be modified with the consent of both parties.No. The visitation order must be followed or the non-custodial parent can file a motion for contempt of a court order. If the parents are on good terms the order can be modified with the consent of both parties.


Do you have to let your one year old stay the night with the non custodial parent?

If the overnight is part of a visitation order the answer is yes.If the overnight is part of a visitation order the answer is yes.If the overnight is part of a visitation order the answer is yes.If the overnight is part of a visitation order the answer is yes.


Can your ex get your kids just because he does not want to pay child support?

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.


Can the custodial parent change a visitation order with out a judges consent?

No, and many jurisdictions take denial of visitation very seriously (as they should!).


Can custodial parent stop non custodial parent from getting children on court ordered weekend visits?

Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.


Custodial parent denies Noncustodial parent visitation rights in Mississippi?

Unless visitation rights for the non-custodial parent were allowed in the divorce paperwork, the custodial parent is completely within their rights to deny the non-custodial parent visitation....however, the non-custodial parent may sue for visitation rights.


Can the custodial parent deny visitation to the non-custodial parent if no visitation order is in effect?

Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.


Can A custodial parent deny visitation to the non custodial parent in New York?

Unless there is a court order which prevents the non-custodial parent from having access to the child, then you should not deny the visitation unless you have absolute proof that allowing visitation is a danger to your child. It's best to speak to a lawyer and find out about modifying any current custodial order that may already be in place if necessary.


Can the custodial parent deny visitation to the non custodial parent in Washington?

No. The non-custodial parent needs to have the visitation rights enforced by the court if necessary.


Does the non custodial parent have the right to make a 12 year old visit?

If there is a court order to that affect the child and the custodial parent must adhere to the terms of the visitation order. If that does not take voluntarily take place the non custodial parent can petition the court to make visitation mandatory. The exception would be if by allowing a minor child to engage in visitation with the non custodial parent it would place the child in an environment of neglect and/or endangerment.