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Does a non custodial parent have to have a court order for visitation rights?
11-09-2012, 04:52 PM
Post: #1
Does a non custodial parent have to have a court order for visitation rights?
Basically, can a custodial parent legally keep a child away from the non custodial parent if there is no visitation order? There is however an order for child support. I live in the state of Missouri.

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11-09-2012, 05:01 PM
Post: #2
 
If there is no court ordered custody decree, then both parents have the SAME rights to access/visit the child. When one of you refuses to allow the other to exercise his/her parental rights, then you need to go to court to get this settled.

In every state, child support is considered a SEPARATE issue, and is not contingent upon visitation.

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11-09-2012, 05:01 PM
Post: #3
 
Unless there is an order, visitation cannot be guaranteed. It's usually just such a refusal that makes such an order necessary.
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11-09-2012, 05:01 PM
Post: #4
 
If one parent has sole legal and physical custody, and that parent refuses visitation, the other parent will have to get a court order, if possible. If visitation is being denied for good reason, such as abuse or attempting to turn the child against the custodial parent, it may be a wasted effort.
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11-09-2012, 05:01 PM
Post: #5
 
Yes, if the couple don't get along enough to be able to work something out themselves.
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11-09-2012, 05:01 PM
Post: #6
 
If there is no court order - both parents have equal rights - which means the non custodial parent also withholds the "right" to keep the child away. Neither parent can force the other to return the child without a court order.
However - Keeping a parent away from a child without a good and substantial reason, will be unfavorable for the parent keeping the distance.

So if the father signed a paternity affidavit and the birth certificate - which obviously he did, or he wouldnt be paying child support - unless there is abuse or neglect, or the father is mentally unstable, in jail, or using drugs, then he is entitled to see the child and keeping them apart could cause you problems should he take it to court.

If you and him are having problems, and not getting along - thats not a good reason.
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11-09-2012, 05:01 PM
Post: #7
 
Yes, especially in paternity case. The father has no presumed rights to see the child in any state. I'm in KCMO.

He has to file for the right to see the child.
http://dads-house.org/Paternity-WhatMenNeed2Know
http://www.youtube.com/DadsHouseEdCtr#p/...EcI5jovcNE

http://ChildSupportRights.org/WhatPayersNeed2Know
http://www.youtube.com/DadsHouseEdCtr#p/c/5/lzJjq-tq48o
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Federal Child Support Enforcement Handbook for Non-Custodial Parents
http://childsupportrights.org/
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For 22 years, I have volunteered my time working with divorced/single fathers dealing in family law issues, such as child support, teaching them about what the states are not telling support obligors.
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