Q: One parent with sole legal /physical custody can allow......??
My spouse and I are married. If the custodial parent does not request parenting time, and the judge does not issue an order to that effect, can the non-custodial parent, who has no court-ordered visitation or parenting time, be allowed to return home and live permanently with the family, and spend specific times with the child if the parent with sole legal and physical custody permits it?
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A:
If one parent has sole legal and physical custody of a child, they have the authority to make decisions about the child's welfare, including decisions about visitation with the non-custodial parent. In general, the custodial parent can allow the non-custodial parent to spend time with the child, as long as it is in the child's best interests and does not violate any court orders or custody agreements.
However, it's important to note that if there is a court order or custody agreement in place, it will generally supersede any informal agreement between the parents. If the non-custodial parent does not have court-ordered visitation or parenting time, they may need to petition the court for visitation rights or to modify the custody agreement to allow them to spend time with the child.
It's also important to consider the impact that allowing the non-custodial parent to live with the family may have on the child and the custodial parent. This is a complex and sensitive issue, and it's important to consult with a family law attorney or mediator to help you navigate it. They can advise you on your legal rights and options, and help you develop a plan that is in the best interests of the child.
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