My step-son has mentioned that during his last visit with is father that things were like “it’s always bad when you are here”, "we only argue when you are here, “we are happy you are leaving”, etc. My step-son has said he does not want to be there for this visit because of things that were said the last time he was with his father and times before. Does my wife (custodial parent) have the right to refuse visitation?
If there is a custody schedule in place in a separation agreement or court order, your wife cannot refuse to send the child for visitations as specified in the separation agreement or court order. If she did, the father could file a breach of contract lawsuit against her or a contempt motion against her for violating the terms.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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