Does a father have a legal right to with hold visitation from the mother? 13 Answers as of May 18, 2011

My 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?

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
The answer depends totally on the court orders in effect. Your friend needs to discuss the situation with his attorney and follow his attorney's advice.
Answer Applies to: Colorado
Replied: 5/18/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
He should discuss with his attorney to explore his options and follow his or her advice.
Answer Applies to: Connecticut
Replied: 5/18/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
Follow his own attorney's advise of course.
Answer Applies to: Washington
Replied: 5/17/2011
Michael Anthony Wing, P.C.
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
Replied: 5/17/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
If he has an attorney he can ask him. The attorney would be more familiar with the situation. The situation you described can be very serious so get advice from your attorney.
Answer Applies to: California
Replied: 5/16/2011
    Theodore W. Robinson, P.C.
    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
    Replied: 5/16/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    He must file a motion seeking to limit the impact on the child.
    Answer Applies to: Minnesota
    Replied: 5/16/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    This is one of the nasty things that can happen in divorce. Call me, I have some strategies that can help. He needs to take careful action to put a stop to this.
    Answer Applies to: New Jersey
    Replied: 5/16/2011
    Law Office of Robert L. Fiedler
    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
    Replied: 5/16/2011
    Seattle Divorce Services
    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
    Replied: 5/16/2011
    Howard W. Collins, Attorney at Law
    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
    Replied: 5/16/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, the parenting plan must be followed in good faith. The parenting plan is a Court order. You need to appear ex parte for immediate relief if you believe the child is in imminent harm.
    Answer Applies to: Washington
    Replied: 5/16/2011
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