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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

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Answered in 4 minutes by:
3/15/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 952
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?

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Customer reply replied 5 months 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

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Customer reply replied 5 months 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!

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Customer reply replied 5 months 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 5 months 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: 952
Experience: Family Law Attorney in Private Law Firm
Verified
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