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Sep 16, 2024, 12:08:48 PM

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My daughter has stated repeatedly that she does not want visitation with the non-custodial parent. Does she have this right?

My child has stated repeatedly that she does not want visitation with the non-custodial parent. Does she have this right?

No, a child doesn't have the right not to visit. 


The reason for this is that it isn't her decision to make- the court has ruled that visitation shall take place. The only person that can legally refuse visitation is the non-custodial parent. 


You should not be letting your child get involved in this; it's improper to allow a minor child to make these kinds of decisions.


My ex is frequently very late when coming to pick up the kids for visitation. If we don't wait around, I get accused of 'denying visitation'. What can I do?

My ex is frequently very late when coming to pick up the kids for visitation. If we don't wait around, I get accused of 'denying visitation'. What can I do?

You'll have to set reasonable limits for a waiting period and stick to them. Let your ex know (in writing if necessary) that you can only wait for so long before you will leave. 30 minutes would be a very reasonable and generous amount of time. If they're late beyond that time, leave. Staying and waiting for them only encourages (rewards) their late behavior. 


If your ex has a cell phone, call to see if they're on the way and how long it'll be until they arrive. Ideally, they should call you to let you know they're running late, but if your ex is inconsiderate or irresponsible then this probably won't happen.  


Your best bet is to try and work out a reasonable arrangement with your ex, being flexible when possible. If that isn't a realistic goal, you'll need to exercise some control over the situation by enforcing the waiting period.


My wife has taken our child and moved out. No divorce papers have been filed. Does my wife have the right to keep me from having unsupervised visits with my child?

My wife has taken our child and moved out. No divorce papers have been filed. Does my wife have the right to keep me from having unsupervised visits with my child?


No, she doesn't. You have all the rights any parent does, including the right to go pick up your child and care for him or her. You should retain an attorney as soon as possible, and consider filing for divorce and full custody. If your spouse is attempting to put restrictions on you and your parenting time already, this isn't a good sign of things to come.


If your soon-to-be-ex will not support your relationship between you and your children, then it is crucial for you to obtain legal custody.


This is the only way that both parents' relationship with the children will be assured. Hopefully, you are the more reasonable parent and would not interfere with the other parent's relationship with the children. Since the same can't be said for them, it would follow that you will need to be the one in control of the custody arrangements.


Read the pages below to get started:

How do I file contempt of court charges against my ex for denial of visitation?

How do I file contempt of court charges against my ex for denial of visitation?

Your local courthouse should have the forms you need to file, and the court clerk may be able to assist you in filling them out and filing them with the court properly. 


It's important to have the denial of visitation well documented. Having visitation denied several times establishes a pattern that you can present to the court. To document this pattern, use both the Notice Of Intent To Exercise Visitation letter and the Denial Of Visitation Form Letter.


Do I have to let my child visit the non-custodial parent when they're sick?

Do I have to let my child visit the non-custodial parent when they're sick?

Unless they're so ill that they can't be moved, yes, you must allow normal parenting time to be exercised by the non-custodial parent. If the child is that ill, he or she should probably be in a hospital rather than at home. For more information on this, see Visitation Denial Due To Sickness.


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