If visitation is being wrongfully denied, it is important to document the denials (via email or text to the offending party confirming in writing the specific details of the denial) and seek legal assistance. You may need to file a motion with the court to enforce visitation rights.
No, a parent should not deny visitation based on the other parent’s non-compliance with court orders. It is important to address non-compliance through legal channels and seek enforcement from the court.
If parents cannot agree on a visitation schedule, the court will establish a visitation schedule pursuant to an Order, based on the best interests of the child.
Yes, if a parent has legitimate safety concerns about the other parent, he/she can request supervised visitation. The court will consider the evidence presented and determine if supervision is necessary.
Substance abuse issues can impact visitation rights if they pose a risk to the child’s safety or well-being. The court may suspend or modify visitation arrangements (i.e., monitored visitation with drug testing requirements) until the parent can demonstrate rehabilitation and stability.
Yes, mediation can be an effective way to resolve visitation disputes. It allows parents to work together with a neutral third party to develop a mutually agreeable visitation schedule and agreement, which terms will then be incorporated into a Stipulation and Order and/or Judgment filed with the court.
Generally, a parent cannot deny visitation based on the other parent’s new partner. The court focuses on the child’s best interests and will assess the impact of the new partner on the child’s well-being. This topic usually arises if the new partner poses a risk of harm to the child(ren).
A parent should not unilaterally deny visitation based solely on the child’s refusal to visit. It is important to address the underlying issues and seek appropriate legal remedies if necessary.
If there are no restrictions set forth in the custody and visitation order,, or if the order allows out-of-State travel with the child(ren), a parent can generally take the child out of state during visitation. However, it is always advisable to inform the other parent and provide necessary contact information (i.e., an itinerary)
It is generally recommended to seek court approval for any modifications to visitation arrangements to avoid potential conflicts or legal issues. It is important to follow the existing court order until any modifications are approved by the court, usually in the form of a Stipulation and Order, filed with the court.
