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just wondering if anyone knows any thing about visitation rights any little bit may help

i was wanting to know if one parnet has tried to see a child but the other parent has not let them see the child or even let them now where the child is would the judge look down on the parnet that has tried to be in the childs life but couldnt because the other parnet wouldnt let them or wouldthe judge look down on the parent that wouldnt let the other parnet be in the childs life

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lovbingmommyof2

Asked by lovbingmommyof2 at 11:59 PM on Jan. 20, 2011 in Parenting Debate

Level 3 (13 Credits)
Answers (9)
  • usually it is looked down upon when a parent secludes the child from another parent. thats not the best interest of the child unless the other parent is a danger or abusive.
    hill2

    Answer by hill2 at 12:10 AM on Jan. 21, 2011

  • I was in an abusive relationship, and when I finally broke it off (my daughter was aprox 5 mos.) the police told me not to allow him to see her because of his documented history of abuse. So I didn't. When I went into court, I was told by the judge, that he could throw me in jail, for not allowing the father his right to see "his" child. Even after he heard the threats, and read the police and hospital reports from him abusing me. I was told that every parent has a right to be in their child's life, and every child has a right to have both parents. Unless there is documented hospital, or police reports that he abused her, and I had proof that it was him that had done it, there was nothing I could do to keep him out of her life. That was years ago, but I just figured I'd let you know. It gen. depends on the state laws, and the personality of the judge though, in my opinion.
    HappyEndings

    Answer by HappyEndings at 12:18 AM on Jan. 21, 2011

  • thanks for the feedback it helped
    lovbingmommyof2

    Comment by lovbingmommyof2 (original poster) at 12:26 AM on Jan. 21, 2011

  • It all comes down to if theres anything in writing, and the custody situation. If there's nothing in writing, then the parent that has had the child in their custody full time would be considered the custodial parent, and they would have the say so. If they share custudy, as in 50/50 and it's in writing then they have to abide by that. And so on. You should seek advice from an attorney fi you're wanting to have scheduled visits, or change custody. Just be aware it can be a very expensive and lengthy process.
    MrsLeftlane

    Answer by MrsLeftlane at 12:41 AM on Jan. 21, 2011

  • What your S0 is doing is very illegal. Another thing, the SO might be telling the child bad things about u and depending on the age of child, it could considered "Parental alienation" It is a form of emotional child abuse where a custodial parent belittles or vilifies the other parent to the child. This form of abuse has happen so much that courts had agreed that the PA wasn't in the child's interest, the father has a strong possiablty that he will lose custody. If the court found that if the father deliberately interfered with the mothers visitation rights, and if the father contiued to belittle the mother to the child, he could be considered unfit to be a the custodial parent, and he will have to be on supervisied visits from now on.cont>>>>>
    Michigan-Mom74

    Answer by Michigan-Mom74 at 6:10 AM on Jan. 21, 2011

  • " " Would the judge look down on the parent that has tried to be in the child life but couldn't because the other parent wouldn't let them or would the judge look down on the parent that wouldn't let the other parent be in the child life?"
    Yes the judge will be looking hard on the parent, and he risks a " Contempt of Court" charge. There also is another way u can go, and that is start documenting violations of a custody order is with just a simple calendar, so u can take notes about the time lost with your child and your efforts to reschedule the visits. After you can show a pattern of behavior, you can work with a lawyer to get the order enforced in court. As for him leaving without telling u anything about moving If there is no travel restriction of any sort, then many states allow the custodial parent to move the child without court approval and with the risk of being held in contempt. cont>>>
    Michigan-Mom74

    Answer by Michigan-Mom74 at 6:20 AM on Jan. 21, 2011

  • Although u file a petition for a modification of custody on the ground that a transfer of custody is the only means of maintaining a continuous relationship with the child. You do need to get a family lawyer who specializes in these custody battles. The court might be able to appoint u with a lawyer, or u can ask about free legal services.
    Michigan-Mom74

    Answer by Michigan-Mom74 at 6:25 AM on Jan. 21, 2011

  • I don't think the judge would be too happy about the custodial parent keeping the child away. But I would judge the non-custodial parent if they weren't fighting as hard as they could to get time with their child.
    heatherann0221

    Answer by heatherann0221 at 9:40 PM on Jan. 22, 2011

  • If this matter has not been brought before a court to set up visitation and child support there's not much you can do until that happens. As far as the child being kept from the non custodial parent, there maybe justifiable reasons why the custodial parent is doing so, but there again, the court needs to hear both sides before rendering a decision. Once there is a court decision, if one side does not live up to it than you have some kind of legal recourse.
    MrsLooney

    Answer by MrsLooney at 4:01 PM on Jan. 27, 2011

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