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Remember what a judge will be thinking - this is about the child and the child's right to be with the other parent. Infinity Law Group accepts Visa, MasterCard, Discover, and Apple Pay for all Family Law and Estate Planning legal services. The short answer is no, a parent can never stop a child from visiting the other parent unless the child is in immediate danger, or the court issues a court order approving this modified custody arrangement to exclude custody or visitation by one parent. If you have an attorney, you should contact your attorney. The non custodial parent is very concerned and has learned much of the problem arises from the child's home life and not getting his homework done while with the custodial parent. By contrast, if the noncustodial parent fails to return the child to the custodial parent on time or at all, or intentionally and repeatedly violates visitation times, the custodial parent can file a contempt motion. By contrast, if the noncustodial parent fails to return the child to the custodial parent on time or at all, or intentionally and repeatedly violates visitation times, the custodial parent can file a contempt motion. I’ve asked my spouse for a divorce and sometimes they agree and sometimes they don’t. Custodial Interference Can Backfire. If your children are not returned to you on time, there are several legal actions you can pursue including going to the police with your court order or filing an “Order to Show Cause” with the court in order receive make-up time with your children/receive primary residential custody if your ex continues to show up late. In that case, the judge cannot order a child’s return to you based on the existing order of possession. Get a lawyer. While it is not as simple as giving the child what they want, not returning a child home at the scheduled time if the child doesn’t want to go there does not mean automatic interference with the visitation schedule. The Polly Klaas Foundation is also here to support you and help search for your child. This is a serious legal matter, and you have the right to fight for the safe return of your child and the restoration of your parental rights. Failing to inform the other parent of the child’s whereabouts; Taking the child on a long trip without asking for approval first; Taking the child outside of state lines (can lead to federal issues); Allowing an unauthorized person to care for the child; Denying the other parent their custody or visitation rights; Various other violations. Parental abduction means the non-custodial parent takes the child without permission or refuses to return the child after a designated visitation time. Before you panic, remember that the law is on your side and that you have every right to reach out to law enforcement for help resolving the situation. Law Office of Steven L. Fritsch | All rights reserved. This, of course, is parent’s worst nightmare. Being held in contempt of court is a serious matter that should not be taken lightly. If the lateness is not simply a matter of half an hour to an hour, but you’re actually worried that the other parent might NEVER return the child, then it is time to take actions to protect your child. Can a parent keep a child away from the other parent following a divorce? In most states, the courts consider taking a child from his parent with the intent to interfere with that parent's physical custody of the child, even if the that parent also has custody rights, as a crime that is punishable by jail time, according to Myfamilylaw.com. , the judge can not order a child after a Weekend or Holiday Visit Divided! A Trust or Inheritance be Divided in a Divorce and sometimes they don t. Law firm as soon as you can MasterCard, Discover, and important dates with our Massachusetts Divorce.. That case, the judge can not order a child after a Weekend or Visit... 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