Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Can a noncustodial parent regain visitation after

Can a noncustodial parent...

Can a noncustodial parent regain visitation after voluntarily given it up 5 times and we have a court order that states he has done so. Along with that only the child may reach out to him if he desires if a gift was given. It has been bad for the child's mental and emotional state of the back and forth given up his parenting time..he not been in his life for 3 yrars

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

We already have a judgement placed 3 years ago..now for any court proceedings he must pay his and mine because of constantly taking me to court. I received a filing recently it was not sent to my attorney.

Lawyer's Assistant: Family law varies by state. What state are you in?

Illinois my attorney made it clear it would be harder for him to do so because of his constant given up his parenting time but I was just reassuring it is true

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That it has been constant off and on for 8 years

Show More
Show Less
Ask Your Own Family Law Question
Answered in 4 minutes by:
3/15/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 465
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

To make sure I have an understanding, the noncustodial parent has - 5 times - just stopped visiting even though they were allowed. This has been going on 8 year and you have a Court order stopping visitation and setting out that the noncustodial parent has given up visitation the 5 times? If this correct?

Ask Your Own Family Law Question
Customer reply replied 1 month ago
He has voluntarily given his visitation rights five times.. didn't always show up to court and my son was in therapy at age 4 ordered by the court. My son's attorney provided by the court also gave that it is in the best interest of the child visitation cease. Again he took me to court and Everytime voluntarily gave up his visitation rights

It is very very unlikely he would get time back.

Here is the way you should view the possibilities in a case like this. If (and that word if is a big if) he was ever to come to court again, and was able to get the case to a judge, and that judge was to decide the case, I tell people that judges don't always get it right so there is always a chance. But this chance is, as your attorney said, something that would be very hard.

Now, that being said, the likelihood of this happening is very very low. If a person has given up his visitation rights more than once it is extremely difficult for them to come back and change their mind. If it has been five times the only thing he seems to be consistent at is not being in your son's life. If your son's attorney is against it this only makes the likelihood of his being able to come back very very low.

Sometimes in cases like this the noncustodial parent does this just to get to you.

While he may ask again in the future the way the Court would Likely look at it is that given his track records of always giving up his time it would be more of a risk to let him have visitation as he would likely just stop again and this will not be good for your son.

The one thing that I also tell people is to be careful not to let him start to work his way back in and give him a better case.

Overall, it looks like the chance of this happening is very small.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Thank for your time..I am reaching out to my attorney as well.

Best of luck. One final word, you are staying on top of this. Keep doing so and that way you will be prepared if anything does and you child will remain safe!

Ask Your Own Family Law Question
Customer reply replied 1 month ago
I am trying too this filing came just recently and I want to ensure the well being of my child..this has been very traumatic for the both of us also because there has been orders of protection and restraining orders..but the constant taking me to court then giving up visitation..it's too much
Customer reply replied 1 month ago
Again I thank you for your time.. sorry for taking so much of it..but thank you

You do not need to worry about any time that this took. That is why I am here and I want to be as complete as possible.

Thanks again and let me know if there are are follow up questions.

5 start ratings are always appreciated.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 465
Experience: Family Law Attorney in Private Law Firm
Verified
Sean K and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Sean K Your Own Question
Sean K
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 465
465 Satisfied Customers
Experience: Family Law Attorney in Private Law Firm

Sean K is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My ex filed a restraining order against me. We went to court
My ex filed a restraining order against me. We went to court and I had to hire a lawyer. My lawyer told me the case was dismissed. I file a lawsuit against my ex for lying on the restraining order tha… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,287 satisfied customers
My friend's daughter previously had a restraining order
My friend's daughter previously had a restraining order against her sibling who attempted to kill her. She suffers from PTSD and recently remembered same sibling abused her. The sibling has moved out … read more
Sue
Sue
Juris Doctorate
388 satisfied customers
Can you obtain a restraining order against a person that was
Can you obtain a restraining order against a person that was having and affair with your spouse and and the person had been told to have no contact, but they keep coming around. … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
I have just served a one-year Temporary restraining order on
I have just served a one-year Temporary restraining order on myself. My ex has now divorces me and we live '1500 miles apart. I now receive a renewal of that TRO. What recourse do I have ? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers
What are the prerequisites to obtaining a restraining order
what are the prerequisites to obtaining a restraining order served to another person and one served to an ex spouse?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
If someone goes to court for a restraining order (phone
If someone goes to court for a restraining order (phone harassment), and does not have an attorney, what does the hearing look like? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,424 satisfied customers
I filed a restraining order against my husband for physical
I filed a restraining order against my husband for physical abuse. I did not stipulate, perhaps mistakenly, that he cannot see his son. We are married. I live in WI. I know that my husband is not allo… read more
Sean K
Sean K
Family Law Attorney
465 satisfied customers
I live in california. My ex has a 1 year restraining order
I live in california. My ex has a 1 year restraining order on me through family court, not criminal. There is a no contact order but I have been granted visitation with my daughter. There is a no cont… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I am wondering how to go about getting a restraining order
I am wondering how to go about getting a restraining order against the mother's boyfriends, for my daughters boyfriend. He as been physically abusive. She broke up with him for a while but now they're… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
814 satisfied customers
When a temporary restraining order is filed, how is It
when a temporary restraining order is filed, how long is It valid? There was a court date set for a hearing and the day before the hearing the lawyers did a Rule 11 agreement which was filed with the … read more
Sean K
Sean K
Family Law Attorney
465 satisfied customers
I have the paperwork to file the restraining order and the
I have the paperwork to file the restraining order and the documentation to accompany it with the clerk's office. Filing that is not an issue for me and I understand that him and i will be expected to… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
My son's ex-girlfriend filed a restraining order against him
My son's ex-girlfriend filed a restraining order against him after she and 6 friends came to his place to get her things. They basically ransacked the place. Now she has messaged me saying she will dr… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I have a restraining ordering against my daughters father,
I have a restraining ordering against my daughters father, he has now asked to see her with the courts what do I do … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,878 satisfied customers
My son was just served with a restraining order that claims
My son was just served with a restraining order that claims my granddaughter woke up with her pants and her underwear off and has no idea how that happened. She said he was materbating in bed with his… read more
Sean K
Sean K
Family Law Attorney
465 satisfied customers
I recently filed for a restraining order, child custody,
Hi, I recently filed for a restraining order, child custody, child support. Temp restraining order was approved. I am now waiting for a hearing on 02.26. The respondent has been attending therapy and … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
Can a judge impose a restraining order even if there is no
Can a judge impose a restraining order even if there is no legal basis for a restraining order? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
My girlfriend got a restraining order at Disney because of
My girlfriend got a restraining order at Disney because of me because of my past I was convicted of a sex crime when I was 16 I am 38 now my girlfriends are me and you going to Disney we were allowed … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Is it acceptable to file temporary restraining order without
Is it acceptable to file temporary restraining order without notifying the other side? Ex husband has been verbally and physically abusive and I don't want to see him and deal with him. Thank you!… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x