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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33911
Experience:  16 yrs. of experience including family law.
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Can a non custodial parents force visitations rights when

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can a non custodial parents force visitations rights when the child refuses to go with the non custodial parent?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Yes, a non - custodial parent can force this...actually, its the court that can force it...but the non - custodial parent can ask the court to assist and the court will do so.

Now, the situation you describe is a bit complex...the court will enforce its orders...but the court will also listen to evidence on the issue before making any decision...And the court has one concern...and one concern only...what is best for the child?

SO, in a case where the non - custodial parent is trying to "game the system" not cooperate with the custodial parent then run to court...if you can show this is the case the court will not likely cut the non-custodial parent much slack.

Also, the court will listen to the child. There is not a "right to refuse"...but when a child reaches teenage years (typically 11 or 12) the court will start to listen to their concerns. The court will always make its decisions base on what the court believes is the best for the child...but it will take into account the child's desires and the reasons for them.

For example, if the child wants to spend more time with dad...and the reason is dad allows them to play video games...this would not carry as much weight as the child that does not want to see dad since he beats him. Extreme examples perhaps, but the idea is the court will consider what the child has to say as well as why they are saying it.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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P. Simmons and 3 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
ok, i undestand and i greed to the terms of this conversation, my next question to you is: I received a letter from the non custodial parent lawyer already , blaming me for not allowing visitation or comunication with the child who is 9 years old, Could i still visit the court now that a case has been open agains me?
you can file a motion with the court to address this. Frankly, you may need to ask for a delay to properly preapre to do this...but if you hire a lawyer, they can assist with this.
P. Simmons and 3 other Family Law Specialists are ready to help you