Q: If custodial parent doesnt let non-custodial have court order visition with child. What steps are needed
A: The failure to allow a parent to exercise court-ordered parenting time is considered a violation of a court order for which the parent withholding the child can be held in contempt. The proper way to address a contempt situation is to file a motion with the court requesting an "Order to Appear" (you will also have to provide the court with a completed form order to appear for the court to sign). Assuming the court signs the order to appear, you will need to have the order served on the non-compliant parent and prepare for the hearing on the order. At the hearing you will have the opportunity to present your evidence of non-compliance (provided you complied with applicable disclosure rules) and ask the court to hold the other parent in contempt. If the court holds the other parent in contempt, the court must also provide that parent with an opportunity to "purge" the contempt order. This is usually done by the court ordering make-up parenting time.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.