Law Enforcement, Child Safety, and Visitation Disagreements (2024)

FAQs

Law Enforcement, Child Safety, and Visitation Disagreements? ›

Law enforcement does have the legal right to enforce a child custody order; however, custody disputes are usually considered a civil matter and the police might refuse to get involved. Child custody issues can become very complicated, and there is no one correct answer to all situations.

Do I have a say in who my ex brings around my child? You don't have a say in who the parent brings around your child unless you have a court order stating otherwise. If the person doesn't pose a safety risk, you shouldn't restrict the child from visiting the other parent.

If the father has abandoned the child with the mother, a family member, or another person without providing support to the child for at least six months, their parental rights may be terminated.

When there are no court orders in effect, both parents have equal rights to their child(ren). It is unlawful however for one parent to conceal the child(ren) from the other parent, or for a parent not to provide some form of contact/visitation to the other parent.

You would need to be able to show specific cause for concern and a court would normally need evidence to show that the new partner poses a risk to your children. If you are concerned, you may need to carry out a background check on your ex's new partner.

Your attorney can help you file a motion to enforce visitation, requiring your ex-spouse to comply with the court order. If your ex-spouse continues to deny visitation, they can be held in contempt of court, resulting in fines, community service, or even jail time.

1. Refusing to Cooperate or Compromise With the Other Parent. Even though you may have strong negative feelings about your former spouse or partner, one of the biggest mistakes you can make is putting those feelings above the best interests of your children.

Malicious Parent Syndrome refers to situations in which a divorced or divorcing parent deliberately aims to harm the other parent. In some extreme cases, the offending parent may even mistreat their children to tarnish the reputation of the other parent.

Domestic abuse – If the father is found guilty of partner domestic violence or abuse, the court will likely revoke visitation to protect the child's other parent. Criminal issues – Serious criminal convictions like assault or DUI can demonstrate questionable judgment that may impact visitation rights.

What happens if my child doesn't want to see her father? ›

Refusing visitation or parenting time can cause legal trouble. As a co-parent, you are responsible for making sure your child sees their other parent or switches to their other home according to the parenting agreement in place or the controlling Court Order—even if your child really doesn't want to.

Parental kidnapping occurs when one parent hides, takes, or keeps a child without the consent of the other parent. While the definition seems clear, the real-world determination of a parent's actions as such is much more complex than many realize.

There is no set age when the judge will consider the child's preference; each judge determines each child's maturity on a case-by-case basis. However, teenagers are usually old enough to have an opinion the court must consider.

Summary of If Your Ex Can Determine Who Gets to Be Around Your Child. In most cases, neither you nor your ex can prevent each other's family or new partner from being in your child's life. However, you can file a Petition for Special Relief if there are significant safety concerns or risks to a child's physical health.

Each parent is entitled to know where the children are during visitations. They should also know if the children are left with other people such as babysitters or friends when the other parent is not there.

You can either do whatever you and he can agree to, in a written agreement, or whatever you can get the judge to order in court. Those are your options. Now, chances are, he won't want to put in the agreement that she can't be around the kids – especially not if it's a specific ban against his specific girlfriend.

Can you (and should you) get a court order to keep someone away from your child? A great deal depends on the facts of the situation, but in general, during their parenting time, your ex has the right to decide who will see your child — just as you do during your own parenting time.