Do you have visitation rights with your ex?

Brette’s Answer: Unless his parents have a grandparent visitation order, they technically have no rights. Your ex however does have rights. If your child does not wish to go, you would have to have your original order modified by the court.

How can I enforce my Childs visitation rights?

Contact the court clerk’s office in the county where you will file and see if they have a pro se forms package for a Motion to Enforce Visitation. You may be charged a small fee for the package. You court may also have a streamlined procedure including simplified forms. Consult with a private attorney.

Where can I file a motion to enforce visitation?

What happens if I miss a visitation hearing?

When you file the motion, you will receive a court date. You must attend. If you miss the hearing, the judge may dismiss your motion and you will lose your filing fee and have to start over. Even if you and your ex come to an agreement, still appear in court to put the new agreement into the court record.

Can a visitation petition be filed with custody?

Custody and visitation matters are often heard together within the same hearing, but a visitation petition may also be filed as a separate matter. Other family members, such as grandparents or siblings, may also file a petition seeking an order of visitation. The court will order visitation if it is in the child’s best interests.

What should a court consider when granting child visitation?

First and foremost, the court takes the child’s best interests into consideration, and will then consider other factors such as: The age and the overall well-being of the child. The location of each parent. The current employment and work history of both parents. If the child is old enough, the court may ask for his or her living preference.

Can a court stop visitation if my ex is doing drugs?

Brette’s Answer: If he does not complete the testing as ordered, he is in violation of the court order and can be held in contempt. The court could stop visitation until he complies and there are other penalties that can be imposed. Can I get supervised visitation if my ex is doing drugs?

Can a parent with sole custody create a visitation schedule?

State laws vary, though it is not uncommon for the parent with sole custody to create the visitation schedule. He or she will then submit it to the court, and if the judge approves, it will be a court order. If both parents can cooperate with one another, they may reach an agreement together without court approval.

Can a non custodial parent have more visitation time?

Many families make arrangements that allow for far more visitation time by including additional weekday visits or longer extended summer vacations with the non-custodial parent.

Can a divorced parent still have visitation rights?

Ask most divorced parents about child visitation rights, and you’re likely to hear some discontent about the situation. Either your ex isn’t complying with the schedule or maybe there are more serious issues where you’re worried about your child’s safety.

What happens when the custodial parent moves away?

Likewise, if the move would make it difficult or impossible to continue visitation, the court may deny the request. On the other hand, if the non-custodial parent has not taken advantage of scheduled visitation or if the relationship is a strained one, the court may decide to allow the move.

Can a custodial parent deny a child visitation?

If a court enters an order granting visitation rights to the other parent during a divorce proceeding or otherwise, the custodial parent is violating the order if he or she denies visitation with the child. Failure to pay child support is a common reason a parent may deny visitation with the other parent.

Can a parent withhold visitation from a child?

Failure to pay child support is a common reason a parent may deny visitation with the other parent. However, child support and child visitation are two separate matters. The court could sanction a parent who withholds visitation because the other parent is behind in child support payments.

How to deal with an ex spouse withholding child visitation?

If your attorney reaches out to the custodial parent (or the custodial parent’s attorney) with a letter stating that the interference with visitation is unacceptable, and you are willing to go to court to enforce your rights, it may be enough to encourage the custodial parent to comply with the visitation order and schedule your make-up time.

What happens if a parent fails to comply with a visitation order?

Some states take failure to comply with a visitation order so seriously that there could be a change of custody, meaning that if the custodial parent consistently refuses to allow the other parent any time with the children, a court may decide to transfer custody of the kids to the non-custodial parent.

What are the visitation rights in a divorce?

What Are Child Visitation Rights? Visitation rights are afforded to the non-custodial parent in a situation involving divorce and child custody. The terms of visitation are laid out in what is called a “Child Visitation Agreement” or “Child Visitation Schedule.”

Can a parent write their own visitation rights document?

Parents who agree can write their own visitation rights document and submit it to the court. The main reasons for changing a visitation rights document is because of a change in the child’s circumstances such as a parent’s new job, a developmental change in the child or a change in the child’s relationship with one parent.

When do you need a lawyer for child visitation?

Schedule violations typically occur when a parent keeps the child over the scheduled time, or one parent denies the other their rights to visitation. If you have an issue with the visitation schedule, contact your attorney immediately. 10) Do I Need a Lawyer for Help with a Child Visitation Schedule?

Can a parent refuse to have visitation with a child?

A parent who is not receiving child support should not refuse visitation to another parent, as the court will determine that visitation with a child should not be dependent on payment of funds.

Are there visitation guidelines in child custody cases?

If both parties can come to an agreement on child visitation, and submit it to the judge, it can be a fairly painless process. However, tensions may be high in custody cases, and child visitation guidelines may have to be left to the court. 5) What Are the Types of Child Visitation Arrangements?