What may a custodial parent do if they feel the child is at risk during parenting time with the non-custodial parent?
In cases like this, where the custodial parent truly believes the child is at risk, they should petition the Court for a suspension of parenting time. It is likely that the Court would direct the Friend of the Court to conduct a parenting time investigation or at least an inquiry, which would likely include a home inspection. Should the living arrangements not be suitable for example, for overnight parenting time, the Court may order a suspension of overnights until adequate living arrangements are available. If a parent denies parenting time under a current order, that parent runs the risk that the other parent will file a complaint and the custodial parent would be required to appear and show cause why they should not be held in contempt for violating of the parenting time order. [The burden would then be on the custodial parent to show the court that your action was in the best interest of the children — safety, etc.] In some instances where the risks to the child are of an extreme
Related Questions
- The other parent is not sending or returning clothing or other personal items that our child uses during parenting time. Can the FOC do something about that?
- How will the court determine the amount of parenting time the non-custodial parent will receive?
- Once paternity is established, does the non-custodial parent have a right to parenting time?
