Does a father have a legal right to with hold visitation from the mother? 13 Answers as of May 18, 2011My friend has taken the mother of his child to court to seek custody of their child. He has been following his lawyers instructions, but now the situation has become volatile. They had a verbal agreement between both of their attorneys on visitation until the court hearing. The mother has not been complying. As of yesterday, the father has actually had his child for visitation, she has now threatened that he will never see his child again, no matter what the court has declared. She has also told her attorney the exact same thing. His lawyers are concerned and feel like she will and has began telling her child about sexual abuse and using this against the father. He is supposed to take her back to the mother tonight, but is very fearful of doing so. This is causing a huge emotional strain on this 4 yr old little girl, and if her mother seeks this direction (in which she already degrades the father in the child's presence) this will be bordering emotional abuse for her. What options does he have?
Michael Anthony Wing, P.C. | Michael Anthony Wing
It's tricky and not necessarily answerable with black and white clarity. The attorneys should present the issue to the court, and the child needs a guardian ad litem appointed. The guardian is to protect the child's interests which may conflict with the parents'. The father should use his discretion and be prepared to defend his actions in terms of what is in the best interest of the child. Stay well.
Answer Applies to: Alabama
Theodore W. Robinson, P.C. | Theodore W. Robinson
It does not border on emotional abuse, it is emotional Abuse of a little four year old and that mother should have custody taken away from her as a result. However, it is a long road to get custody taken away from a woman in my experience, yet it can be done if he is steadfast and strong and consistently takes her to court to show the court what she's doing. He should get a Law Guardian appointed for the child and hire an investigator to try to discover some way to prove she's doing what he claims to the child. Claims will not be sufficient in my experience. Only proof/evidence will suffice to get custody away from her. However, if she degrades the father in front of anyone, that would be enough to give the Court a good idea of what's going on. Good luck.
Answer Applies to: New York
Law Office of Robert L. Fiedler | Robert L Fiedler
I don't like stepping on other attorney's toes so I will defer actual course of action to your friend's attorney. In answer to the question, neither parent has the right to withhold access against a court order.
Answer Applies to: Connecticut
Seattle Divorce Services | Michael V. Fancher
Your friend should follow his attorney's advice. He may need to go to court for an emergency order regarding visitation. If he withholds court ordered visitation without a new court order, he is giving her ammunition to use against him.
Answer Applies to: Washington
Howard W. Collins, Attorney at Law | Howard W. Collins
If I understand your statement of facts, your friend has an attorney. Your friend needs to talk with his lawyer and follow his or her advice. This is a very slippery area in which emotions take over from good decision making and your lawyer is trained to assist you.
Answer Applies to: Oregon