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xandersmommy08 · Nov 24, 2008, 04:51 PM

If a mother has primary joint custody and the father has visitation, but the mother does not think that the fathers residence is a healthy environment for her child what can she do legally so she doesn't break the court order?

xandersmommy08 · Nov 24, 2008, 05:03 PM

If a father is awarded visitation for wednesdays and every other weekend, and the mother does not allow him visitation for one of his weekends, can she get in any trouble? And what kind of trouble?

stinawords · Nov 24, 2008, 05:06 PM

First, where are you located? That will mean more than most other things. Why do you think it is unhealthy for the child? You will need proof and a lot of it if you are going to convince a judge to modify the order.

N0help4u · Nov 24, 2008, 05:06 PM

No she won't get into trouble but the father can make it difficult for her by keeping on dragging her back to court for not honoring the court order.

Fr_Chuck · Nov 24, 2008, 05:19 PM

Actually if she keeps doing this, she can be fined for contempt, I know one where the court has fined them 100 dollars for each missed visits.

Fr_Chuck · Nov 24, 2008, 05:21 PM

To change the custody and visit agreements you will have to go back to court.

ScottGem · Nov 24, 2008, 05:46 PM

Generally there is no case worker assigned to a custody/visitation issue. If you feel the environment is unsafe for the child, you need get proof of this then go back to court to modify the agreement. If you feel its an emergency situation you can contact your local children's services agency to look into it.

ScottGem · Nov 24, 2008, 05:55 PM

Assuming visitation was "awarded" by court order, then the father could ask that the mother be cited for contempt of court if she does not adhere to the schedule. A contempt of court citation can result in fines and/or jail time.

ScottGem · Nov 24, 2008, 05:56 PM

Threads merged since they, obviously, deal with the same issue.

cdad · Nov 24, 2008, 06:59 PM

Originally Posted by xandersmommy08

If a father is awarded visitation for wednesdays and every other weekend, and the mother does not allow him visitation for one of his weekends, can she get in any trouble? and what kind of trouble?

Depends on the state that you live in so we really need to know that. In some states he could come to the door with the police and they will enforce the order. In others he would have to take you back to court for contempt. That could mean jail time for you.

cadillac59 · Nov 24, 2008, 07:59 PM

Not allowing the visitation most definitely can get the mom in trouble. It's called contempt of court; and, in California it is punishable on the first conviction by a minimum of 7 days in jail or 7 days of community service. On the second conviction its' punishable by a minimum of 7 days in jail without community service as an alternative.