My brother has a small child. He received full custody and the mother have visitation rights. If he does not allow her to visit the child what are his legal consequences for this action? I know for child support , their are certain things that they can do… But what about not supplying visitation. mecklenburg county courts.
For this situation, the mother can take the father back to court to have custody modified or be held in contempt if it’s a court order custody. He can not legally keep the child from the mother unless he can prove that the mother or her lifestyle is a danger to the child or that the child is being neglected while in her care.
If she chooses not to have visitation with the child, then he does not have to force the situation but as the custodial parent he should provide access to the child during those visitation times that are hers.
The attorney may add to this about what the mother can do…
He can be held in contempt of court for a wilful violation of the Order which could involve fines, or even jail time.
His situation is oddly enough very similiar to mine. He has full physical and legal custody of his son. She received court ordered visitation every other weekend for four hours. While revisiting the issue in court, they agreed to go to therapy and reduce their visitation time to one hour every other week. Mother is only paying half of the child support that she was ordered to pay and she currently has a Suspended Criminal contempt sentence of a thirty day jail term hanging over her head.
She continously even after having the Suspended Sentence handed down to her only pays half of the ordered support. The court system has not activated the suspended sentence and it is going on three months now.
If she takes it back to court, she will be put in jail for not paying support and having the suspended sentence hanging over her head.
yet how can he afford to keep paying for the therapy visits, when she will not reimburse him and only pays half of the support. The therapist will not do it for free. So, it is kind of a situation where, he is being forced to pay for something he can not pay, because she isn’t paying.
How is that even legal?