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.
If the child’s schedule changes significantly (i.e., school schedule), it may warrant a modification of visitation arrangements. The court will assess the circumstances and determine what is in the child’s best interests.
Yes, if a parent is consistently denying visitation rights, the other parent can seek enforcement through the court. This may involve filing an Order to Show Cause (OSC”) for contempt and providing evidence of the denial or seeking other remedies from the court.
No, a parent cannot deny visitation based on personal dislike or disagreement with the other parent. Visitation rights should not be withheld unless there are valid concerns about the child’s safety or well-being. If there are safety concerns, then the party should immediately consult with his/her lawyer and take appropriate action to change the visitation […]Continue reading
In some cases, the court may consider a child’s preferences regarding visitation, especially if the child is of sufficient age and maturity to express their wishes. Preference is not determinative.
In rare cases, the court may terminate or severely limit visitation rights if it determines that the child’s protection, safety, or well-being would be at risk during visitation.
Yes, the court may order supervised or monitored visitation if it is deemed necessary to protect and ensure the child’s safety and well-being. Supervision can be conducted by an adult party, a professional monitor, `a neutral adult third party or through a professional monitoring agency as the court deems appropriate or as the parties agree.
