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Visitation rights... Can they legally do that?

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  • Visitation rights... Can they legally do that?

    If a parent has custody of children and you only have visitation, and the parent takes them to live with another family (sister), can they legally do that?? Is there anything that the parent with visitation rights can do?

  • #2
    re: Visitation rights... Can they legally do that?

    Originally posted by Christine9719 View Post
    If a parent has custody of children and you only have visitation, and the parent takes them to live with another family (sister), can they legally do that?? Is there anything that the parent with visitation rights can do?
    Yes. A custodial parent can make alternate living arrangements for the children -- usually temporary.

    The non custodial parent is entitled to exercise visitation as provided for in the order, which the other caregiver should be aware of and respect, complying with it to the letter.

    If there are factors in the other living arrangements that are unsavory or distance is a problem, then the non custodial parent can seek the court's advice which may necessitate a modification of the original order.

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    • #3
      Re: Visitation rights... Can they legally do that?

      As long as it's not an increase in distance and doesn't interfere with visitation, the custodial parent has the right to move in with whomever they choose (provided the roommate isn't a danger to the child). However, they must inform you of any moves and provide contact information so you may contact the other parent regarding any parenting issues as well as the child so you may contact them and maintain a solid relationship.

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      • #4
        Re: Visitation rights... Can they legally do that?

        The visitation rights are granted to one parent who is denied the right of custody of the child by virtue of a court order or a mutual agreement between the parties. Mostly all the states have enacted laws to prevent the custodial parent from removing the child from the respective state without proper notice or intimation served to the court or the other parent. If a parent fails to comply with these laws or rules, it can end up having very serious and harsh consequences to such parent and the child.

        It is always advisable to seek the assistance of an attorney who can help answer any questions you may have.

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        • #5
          Re: Visitation rights... Can they legally do that?

          Thanks Lexus. I dont live in the US I live in Canada. Didnt move them out of province, just moved them 6 hrs away. Didnt notify or nothing. Recently found out. I think its bs that they can do this without notification or without consulting the other parent. I really dont think its fair that the parent can still collect child support, especially if they dont have them under their care. Yes, the children need financial support but when the parent is pocketing it for themselves and not doing whats right on their part its getting a bit ridiculous. Too many people dont think about whats best for the children and start getting money hungry

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          • #6
            Re: Visitation rights... Can they legally do that?

            Originally posted by Christine9719 View Post
            Thanks Lexus. I dont live in the US I live in Canada. Didnt move them out of province, just moved them 6 hrs away. Didnt notify or nothing. Recently found out. I think its bs that they can do this without notification or without consulting the other parent. I really dont think its fair that the parent can still collect child support, especially if they dont have them under their care. Yes, the children need financial support but when the parent is pocketing it for themselves and not doing whats right on their part its getting a bit ridiculous. Too many people dont think about whats best for the children and start getting money hungry
            You are within your rights to; call the mother back in to court for an accounting of the child support money -- for proof she is using it to support the children. Also, since the children are now six hours away, that would make visitation impractical if not impossible.

            You have every right to have the court examine the children's situation and the mother's actions in light of the existing order -- on all counts.

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