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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 26348
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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If a mother has custody of a child and the father has

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if a mother has custody of a child and the father has visitation rights..but the child doesnt want to go see his dad and the dad decides to stop getting him will he be in contempt of court
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: ohio
JA: Has anything been filed or reported?
Customer: it is court ordered for the mother to let the father get his son....four years ago.....
JA: Anything else you want the lawyer to know before I connect you?
Customer: the child does not want to come to see his dad anymore...and the mother keeps making false accusations about the father....he does not have the money to hire a lawyer....so he wants to stop the visitations...but does he have to go thru court again to stop the visitations

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Does the mother have any problem with the father refusing the visitation?

Customer: replied 7 months ago.
no....the father wants nothing to do with the mother at all.....his girlfriend has been doing the pick up and drop off of the child for four years....everytime the mother gets mad about something she says the girlfriend cant get him that the father has to do it....so a visit or two will be missed until she calms down....its getting to the place now where she has said the father lets the boy drink beer ( he is only 7....of course the father would not do that) she also gets mad when the girlfriend gives the boy a bath....crazy!!!! so the father does not want the turmoil all the time .....the boy cries and does not want to go see his dad....so the father wants to know if he has to hire a lawyer and go back to court to stop the visitation.....
Customer: replied 7 months ago.
we actually think the mother wants the visitations stopped...

No, he does not. If the mother has no objection or issue with the father not exercising his rights to visitation, he simply can refuse/reject them and leave the boy with the mother. This is not uncommon where one parent simply refuses to exercise their right, so unless the mother wants to actually prevent him from coming back down the road and taking visitation later on, she can modify the agreement if she wanted to but the father can simply advise he will not be exercising his right.

Customer: replied 7 months ago.
his communication with the mother is by txting....so he should be able to txt the mother and let her know he wants to stop the visitations and would not be in contempt of court unless she decides to try to make him see his son...

Yes. If this was case whereby she wanted to enforce the visitations and force the father to see the child, she would need to file a motion and seek to hold him in contempt of court. However, if she does not want to see him and has no issue with him refusing visitation, then she can sit idle and neither party needs to do anything, since they are agreeing. Moreover, I am sure you can imagine how hesitant a judge would be to force a father to see their son, if they did not want to, since the best interest of the child could be at issue if you are forcing them to see their son.

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Customer: replied 7 months ago.
thank you so much.....I think this will help.....

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated Thank you.

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