When there is a parent who is the primary custodian and denys the other parent their visitation rights for no substantial reason? how does a judge determine who is right and how to enforce their agreement?
2006-09-06 15:25:34 · 6 answers · asked by orange_girl_2003 1 in Family & Relationships ➔ Marriage & Divorce
When you go into court the judge will ask both parties for thier sides of the arguement.. The judge will then ask each individual questions... After getting an overview of the situation the judge will determine if there was cause for denying visitation or not...
Once that is decided the judge will determine how best to reestablish visitation, whether it be supervised, through a court appointed mediator, ect...
Supervised visitation is pretty straight forward, a person the court appoints is present during the visits..
A court appointed mediator is someone who is charged with the job of making sure scheduled visits occur, most often the mediator will be someone who is present at the exchange of the child to make sure the child does go to visitation with the non custodial parent...
When in court you need to make every effort to remain calm, do not interupt your ex, his/her attorney, or the judge... There are bound to be allegations brought up that may not be true and may be extremely hurtful.. Address the allegations but don't jump up and yell things like "OMG you lying Biatch/bastard" or "I could kill you for saying that" ..... As you know allegations will be made take them in stride, the judge will allow you to address them, you just need to do it in the proper format.. So as not to cloud the issues with court room outbursts...
With your help and a cool head the judge will be able to sort through all the crap and find the truth of the matter more quickly
2006-09-06 16:01:02 · answer #1 · answered by Diane (PFLAG) 7 · 0⤊ 0⤋
I'm a single Texas dad with full custody. Even tho I could prove that my ex was an unfit mother in many ways the courts would not let me terminate her parental rights even tho they said I had the right to, they would not do it because she was the mother. I still have to let her have visits but they are supervised and she is not allowed to EVER be alone with my child. Other than the visits I have a restraining order against her. If you are supposed to have visits and your ex will not let you call your attorney or if you do not have one call Legal Aid and get one. The judge will determine who the child lives with by several different factors..i.e. who can provide a safe and loving home, who has the money to provide for the child, what is in the best intrest of the child. Your ex can not legally keep you from seeing the child. I know this for a fact because if there was ANY way on this earth I could keep my ex away from us I would. But for some reason the courts always give the mother more chances than the father. If I had done half the things my ex has done they would have taken my rights away a long time ago but all she gets is a slap on the wrist. Sorry if I sound bitter, but it is not a fare world in the justice system for a dad even if I am the better parent...and even my ex's lawyer said that in court. Talk to a lawyer and good luck.
2006-09-06 23:14:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The same way a judge decides any type of case.
He or she listens to both sides. The side that has the best actual evidence (not the side that tells the best story) will probably win.
There are many ways for a judgment to be enforced.
The judge might appoint a third-party (like a social worker) to visit the family to make sure they are in compliance.
In the worst case, the parent who defies the judge could wind up in jail.
2006-09-06 22:32:25 · answer #3 · answered by Jay 6 · 0⤊ 0⤋
there is usually a pretty damn good reason for the sole custody no visitation case's,i've been there and am the single dad with the mother high on coke not being allowed to go near or call me or my son,she blew it due to drugs with 4 children,1 mine.
2006-09-06 22:34:56 · answer #4 · answered by steve 5 · 0⤊ 0⤋
The judge may allow shared custody.
2006-09-06 22:31:02 · answer #5 · answered by eugene65ca 6 · 0⤊ 0⤋
IN SC NO JUDGE WILL DENY PARENT CUSTODY UNLESS THERE IS PROOF OF ABUSE
JUDGE LOOKS AT BOTH SIDES OF STORY AND WHO IS BETTER FIT TO CARE FOR THE CHILD.JOB.LIVING ARRANGEMENTS, WHO HAS BEEN THE PRIME CAREGIVER. SC IT IS ALMOST IMPOSSIBLE TO TAKE A CHILD FROM THEIR MOTHER. MOTHER HAS TO BE PROSTITUTE,DRUGGY,ABUSIVE /DESERTIVE OR ALCOHOLIC TO HAVE CHILD TAKEN AWAY
2006-09-06 22:32:03 · answer #6 · answered by kimandkaitlyn2005 4 · 0⤊ 0⤋