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What rights does a non custodial parent have for visitation before going to child support court in Kentucky?
Wiki User
∙ 14y ago
Support and visitation are separate matters.
You can be ordered to pay without having any rights.
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Wiki User
∙ 14y ago
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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.
What rights does a non custodial parent have for visitation before going to child support court?
A married father has equal access until a court rules otherwise. For a single father, a temporary visitation order may be imposed by the court, however, it is more likely the child support and visitation orders will be addressed and rendered at the same time.
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.
If the parents were never married and the father never paid child support does he have the right to just take the child?
No. An unmarried woman has full legal and physical custody rights to her child until/unless the court rules otherwise. Paternity must be established (preferably by DNA testing) before an assumed father can petition the court for custodial or visitation rights and before the mother can file suit for child support. Please note, child support, custodial rights and visitation privileges are entirely separate matters and are treated as such by the domestic court.
Can one spouse request a temporary debt child support and visitation order done again before it is effective?
I can answer questions about child support and related issues, as I am a retired State Child Support Enforcement Director. However, the question being asked is not clear enough for me to address. In general the issue of child support and visitation orders are two separate and independent issues. The law requires a non custodial parent to pay child support. If the non custodial parent is working in most cases the law requires the employer to withhold the child support from the non custodial parents pay check. All custodial parents can have their State's child support case, or a search for a missing non custodial parent be administered by their State's Child Support Enforcement Office (every State has one). Their may be a small fee charged depending on the State. Once you are living separately from an absent parent, married or not he/she is required to pay child support. Custody and visitation orders are in most States.handled through Family Court and an individual parent must file legal documents through the court for custody and visitation orders to be resolved In most cases an attorney is needed.
If you were never married to the father of your child and there is not a court order for visitation would a judge remove the child from your custody if you move out of state?
No. If there is not a custodial order in place the law presumes that an unmarried mother has full custodial rights to her child and does not need permission from the biological father or the court in matters concerning the child. In addition, when a child is born out-of-wedlock the biological father must establish paternity before custodial, visitation and child support can be addressed.
Can visitation be established before child support?
yes
Can a child that's 14 years old decide not to see his noncustodial parent because he is scared of him?
No. That issue must be brought before the court by the custodial parent with a request for modification of the existing visitation order. The court will investigate the matter and render a decision.No. That issue must be brought before the court by the custodial parent with a request for modification of the existing visitation order. The court will investigate the matter and render a decision.No. That issue must be brought before the court by the custodial parent with a request for modification of the existing visitation order. The court will investigate the matter and render a decision.No. That issue must be brought before the court by the custodial parent with a request for modification of the existing visitation order. The court will investigate the matter and render a decision.
If the mother has full custody of the child and has dropped child support and the father has not been in the child's life for over half the child's life what right does he have to see her?
Child support and visitation rights are different issues. If there is no visitation order from the court the custodial parent can decide if visitation will be allowed and if it is, the terms, such as days, hours, etc. The non-custodial parent can file a petition with the court for visitation rights if an amicable solution cannot be agreed upon. Generally there must be a documented history of abuse or serious neglect before a judge will refuse a biological parent visitation rights. There are 2 different things. Legal custody and Physical custody. Regardless, child support and visitation are two completely different matters. He CAN ask the courts for visitation, it does not matter if he has been paying or not. If the father has no documented record of abuse with the child or any other violations then there's no right against him seeing the mother in which case he asks the court.
How can you allow visitation by the biological father with his child who has been adopted by the spouse of the child's biological mother?
There are no laws that would prevent the child from vistation with her biological father as long as her custodial parents agree. The biological father has no legal grounds to seek vistation or custody if the adoption were done according to the laws of the state in which it occurred. Visitation must be voluntarily agreed to by the custodial parents and the child under the terms that they establish. The visitation rights can also be withdrawn by the custodial parent(s) if and whenever they so choose. It would be in the best interest of those involved for the custodial parents to establish guidelines (boundaries) before visitation is allowed.
Which court has jurisdiction if the custodial parent moved the child to Florida but all court orders are in Tennessee?
Well if it's the opposing parent, i.e. the other parent who has visitation, then the custodial parent has to inform the court before they moved and visit that with the court, and if they didn't then the visitation parent should have issues with the court of the original jurisdiction.
What are the responsibilities of the custodial parent by law when the non-custodial parent is required to provide child support and health insurance?
I think it depends on the state. While most states' divorce laws are similar, they aren't completely the same. However, I do think that, in all states, the custodial parent has the responsibility to make sure the kids get to the non-custodial parent's house for visitation, provided that the NCP is a good parent that doesn't pose a threat to or abuse the children. Before withholding visitation, if something the NCP does (i.e. not strapping the child in the car right) worries the CP, then the CP should talk to their attorney to see what theor options are. Withholding visitation without legal backing can come back to bite the CP who does so in the butt.
