Usually, the non-custodial parent is entitled to reasonable visitation. The parenting guidelines recognize that overnight visitation may not be in the best interest of some very young children. In those cases, visitation should take place three times a week for two hours each time for children up to four months old, and gradually increase as the child gets older.
Under some circumstances, the non-custodial parent may even be able to get custody. Examples of evidence that might convince a judge to limit visitation include:. Your evidence must be about behavior or problems that have occurred since the last time the Court decided how much visitation the non-custodial parent should have. It is important to tell the court your concerns about visitation as soon as possible. You will not be able to testify about violence or other problems during your marriage, if you try to limit visitation after the divorce is final.
If the court grants supervised or no visitation, what happens if the custodial parent dies? Parents can decide visitation on their own, or hire a mediator to help. In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests.
Your custody order will designate which parent s has legal and physical custody. Additionally, a custody order will set forth a visitation schedule that specifies where and when visits between each parent and the child should take place.
For example, your custody order may order you to drop off the child at noon at p. Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order. The legal answer may be "yes" even though the ethical answer could be "no" in some situations.
Under the law, each parent must follow a custody order exactly. This means, you're obligated to make a child in your care available for visits with the other parent as laid out in the custody order.
A parent may have a different role in making visits happen for a four-year old child versus a 14 year-old one. A judge won't be swayed by one parent's argument that a toddler refused visitation.
In that situation, a parent likely should have stayed in control and made the visit happen. However, obviously parents may have less control over a teenage child who is refusing visits. In certain limited situations, it may even be unethical or illegal to send your child to visits if you have reason to believe they are being abused or harmed by your ex. However, if you suspect abuse you must do more than just prevent visits.
It's important to seek court intervention immediately. Smith LS. J Clin Psychol. Your Privacy Rights. To change or withdraw your consent choices for VerywellFamily. At any time, you can update your settings through the "EU Privacy" link at the bottom of any page. These choices will be signaled globally to our partners and will not affect browsing data. We and our partners process data to: Actively scan device characteristics for identification. I Accept Show Purposes.
Was this page helpful? Thanks for your feedback! Sign Up. What are your concerns? Verywell Family uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy. If you are the custodial parent and your ex-spouse requests makeup parenting time, always keep an open mind, consider what is best for your child, and the co-parent.
Remember that sometimes things come up unexpectedly and life gets in the way. In some cases, both the custodial and non-custodial parents are willing to abide by the visitation schedule ; however, the child refuses to do so.
Every time children refuse to visit a non-custodial parent, as a custodial parent, you should:. Parents should never forget that their children will always tie them together in a way or another. So, both parents should try to maintain a decent relationship for the sake of their kids.
Sign in. Log into your account. Forgot your password? Privacy Policy. Password recovery. Recover your password. Get help. Divorce and Finance. Custodial Vs. Non-Custodial Parents After a divorce, the court divides the custody of the child between the two parents. How is the visitation schedule set?
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