What if the child refuses to visit the non custodial parent?

[Toniebalonie]

What is the name of your state? TX

Divorce was in NY, child and custodial parent live in NC

A 15 year old has been alienated from the non custodial parent by the custodial parent and manipulated that the non custodial parent is "bad" or not "good enough" and what not (false). The child believes it and accuses the non custodial parent of fear of the custodial parent. There are obviously issues and non communication between the parents as well.

Either way. There is joint legal custody. Now the child refuses to visit the other parent. The legal papers set a visitation schedule. What are the legal consequences for the non custodial parent if the child suddenly refuses to visit the non custodial parent (I am NOT talking about child support and other obligations).

I heard something about filing a motion requesting Court-ordered counseling. What are the options especially with this multiple state scenario?

Thanks much for any help you can give

 

[aussiebabe]

child cannot legally refuse

. . What are the legal consequences for the non custodial parent if the child suddenly refuses to visit the non custodial parent

the child cannot legally refuse to visit the op. or the cp could be held in contempt, and be fined, jailed, or lose custody.when he/she is 18, they can decide not to see the op, but untill then, they dont have a choice.

 

[acmb05]

What is the name of your state? TX

Divorce was in NY, child and custodial parent live in NC

A 15 year old has been alienated from the non custodial parent by the custodial parent and manipulated that the non custodial parent is "bad" or not "good enough" and what not (false). The child believes it and accuses the non custodial parent of fear of the custodial parent. There are obviously issues and non communication between the parents as well.

Either way. There is joint legal custody. Now the child refuses to visit the other parent. The legal papers set a visitation schedule. What are the legal consequences for the non custodial parent if the child suddenly refuses to visit the non custodial parent (I am NOT talking about child support and other obligations).

I heard something about filing a motion requesting Court-ordered counseling. What are the options especially with this multiple state scenario?

Thanks much for any help you can give

I am going to assume you meant legal consequences for the custodial parent.

They are , contempt charges, jail, fines, and possible lose of custody to the NCP, among other things. The child does not get to choose whether or not the CP will obey a court order.

 

[Toniebalonie]

That is very interesting, because I was concerned about the NCP's concequeces more than the CS's.

My feelings are the CP is hoping for the NCP to file something such as contempt and hit the NCP back with a full custody suit slap (CP is a master in manipulation and strategy) and will surely manage to pull the child on his side.

I am just curious how NCP can do anything wheen there are so many states involved. Where to start? Would a Lawyer be the way to go? How does court ordered counceling work>

 

[BL]

What is the name of your state? TX

Divorce was in NY, child and custodial parent live in NC

A 15 year old has been alienated from the non custodial parent by the custodial parent and manipulated that the non custodial parent is "bad" or not "good enough" and what not (false). The child believes it and accuses the non custodial parent of fear of the custodial parent. There are obviously issues and non communication between the parents as well.

Either way. There is joint legal custody. Now the child refuses to visit the other parent. The legal papers set a visitation schedule. What are the legal consequences for the non custodial parent if the child suddenly refuses to visit the non custodial parent (I am NOT talking about child support and other obligations).

I heard something about filing a motion requesting Court-ordered counseling. What are the options especially with this multiple state scenario?

Thanks much for any help you can give

NC would have Jurisdiction as long as child has established residency , as Neither Parent lives in NY ( the ordering State ) .

Your best bet is to hire an Attorney in NC the Court nearest the Mother/child's residence and file a modification of Court order , also citing the contempts .

Look , you both have moved from the originating Jurisdiction . They might not even slap the CP with contempt .

We don't know what the visitation schedule WAS in NY , and how they've worked out since .

 

[Silverplum]

That is very interesting, because I was concerned about the NCP's concequeces more than the CS's.

My feelings are the CP is hoping for the NCP to file something such as contempt and hit the NCP back with a full custody suit slap (CP is a master in manipulation and strategy) and will surely manage to pull the child on his side.

I am just curious how NCP can do anything wheen there are so many states involved. Where to start? Would a Lawyer be the way to go? How does court ordered counceling work>

There's no *punishment* for the NCP, if that's what you mean in your original post. The NCP has legal methods with which to deal with the problem, if s/he chooses to use them. An attorney specializing in family law would be a very good choice to enforce parenting time schedules and any other maligned rights of the NCP. Whether or not the CP retaliates is up to him/her, and not controllable by the NCP.

Other than that, you are being very coy with the facts. Can't help without facts.

 

[Toniebalonie]

I had no intend to be coy. I just don't know how to properly word the situation and which facts are actually needed.

Otherwise this was helpful feedback from everyone so far. Thanks

 

[Silverplum]

I had no intend to be coy. I just don't know how to properly word the situation and which facts are actually needed.

Otherwise this was helpful feedback from everyone so far. Thanks

Okay.

So is there anything else you want to know? Who are you in the story? Why be afraid of what the CP might do if the NCP asserts his/her court ordered rights?

 

[Toniebalonie]

Blonde Lebinese

The schedule was for 4 weeks in the summer, holidays every other year, pretty standard schedule.
The NCP choose to arrange monthly air plane visits for the child, which exceeded the court ordered visitation. Like mentioned above, the childs desicion about not wanting to visit the NCP came sudden and unexpacted. I hope this helps.

 

[BL]

The Child doesn't get to decide until 18 years of age .

But as I said , a modification should be in order as the substantial change in circumstances would be Neither Parent no longer resides in NY , and the Mother refuses to " send " the child for Court ordered visits , even though I pay airfare .

 

[stealth2]

The NCP choose to arrange monthly air plane visits for the child, which exceeded the court ordered visitation. Like mentioned above, the childs desicion about not wanting to visit the NCP came sudden and unexpacted. I hope this helps.

CP is under no obligation to honor those arrangements, unless it can be documented that s/he agreed with them in advance.