What happens legally when the father falsely files a complaint for visitation?
The father had neglected to keep scheduled court visitation for 2 1/2 years with child that refuses to see him and he has also refused to pay back child support for 1 1/2 as ordered by the courts. Now he’s falsely filing a court order for visitation to force the child to see him when he hasn’t been putting forth effort to seeing the child for several years. I want to know what are my rights as the custodial parent with legal custody of child.
March 17th, 2011 at 7:51 am
He can’t force the child to see him and a Court won’t force a child either. You are the custodial parent you have all of the rights and decision making and if needed bring the children to the hearing (if the Court even schedules one) and have them tell the judge what they want.
A Court will rarely change (it’s almost impossible) visitation without observing the children with the father and if you can prove he hasn’t exercised visitation and the children do not want to see him that’s proof enough for the marital master right there. You’re all set. Don’t worry.
The custodial parent needs to file a motion for contempt for him not paying back support and the Court may throw him in jail or order him to come up with the money by (for example) 2pm or he will be thrown in jail until he can pay.