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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10236
Experience:  Experienced Family Law Attorney
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What are the custodial parents rights when the non custodial

Customer Question

what are the custodial parents rights when the non custodial parent leaves the child at the door of the custodial parent and drives away with no explanation during court ordered visitation, and does not return to complete the duration of the visitation. does Not contact custodial parent at all, doe NOT show back up. this is in the state of Louisiana
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

How old is the child?

Customer: replied 1 year ago.
11 yrs old
Expert:  LegalGems replied 1 year ago.

Thank you; that is relevant for if it pertained to an older child, the court would likely not be concerned (ie teenager).

If a parent places a child in danger, then one may file an emergency application for modification of child custody/visitation.

The court may admonish the parent, and advise that if that type of action occurs in the future, it will result in a loss of visitation; but generally only extreme cases will result in a suspension of visitation.The courts are more likely to order supervised visitation, as opposed to complete revocation.

However, if there is a pattern of not exercising visitation, coupled with other issues, the court will more likely terminate visitation.

It is helpful if one has a calendar to attach to the declaration, detailing missed visitation and other incidents.

Here is a sample petition:

http://www.familycourt.org/main/uploads/File/Petition%20to%20Modifiy%20Custody.pdf

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Expert:  LegalGems replied 1 year ago.

Factors the court will consider pursuant to Art 134:

(1) The love, affection, and other emotional ties between each party and the child.

(2) The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.

(3) The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.

(4) The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.

(5) The permanence, as a family unit, of the existing or proposed custodial home or homes.

(6) The moral fitness of each party, insofar as it affects the welfare of the child.

(7) The mental and physical health of each party.

(8) The home, school, and community history of the child.

(9) The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.

(10) The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.

(11) The distance between the respective residences of the parties.

(12) The responsibility for the care and rearing of the child previously exercised by each party.

Expert:  LegalGems replied 1 year ago.

Here is a case discussing those factors:

I hope I've answered your question to your satisfaction. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask and I will get do my best-- If I have fully answered your question to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! Thank you; it's been a pleasure to assist you.

http://www.la3circuit.org/opinions/2005/03/030905/04-1649opi.pdf