QUESTION
Do I have to let the mother see our teenager even she does not have visitation rights?
Asked on Oct 29th, 2013 on Child Custody - Oklahoma
More details to this question:
I have full custody of our teen. There was no visitation rights for the mother because she never showed up to court when I was granted full custody. Mother has left voice mails threatening to assault me physically. Mother has left voice mails saying she will tell our teenager about our arguments. Every time our teen visits her teen comes back very upset. She makes teen choose sides. Makes teen emotionally disturbed. Tells teen about her problems ( her being raped, her being beaten, her living situation ) She smoked marijuana around our teen as teen told me she asked if our teen was contact high when she had teen for a visit. Mother and I have a verbal agreement that she can see teen but no sleepovers. Am I allowed to refuse her visits with teen since court did not put a visitation order in place? Would I put myself in a bad position in the eyes of the law if I felt like I was protecting our teen by not allowing teen to visit or talk to her? It is very hard to get in contact with the mother. She has had 11 different phone numbers for the past 3 years and will not tell me where she lives or who she loves with. I am concerned as teen has witnessed her get into many physical altercations with different men. As recently as last year she was arrested for domestic assault but it was dismissed. Would I be breaking the law if I did not allow her to see our teen?
5 ANSWERS
Family Law Attorney serving Independence, OH
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Abel & Zocolo Co., LPA
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No. If the mother has no court ordered visitation you do not need to provide visitation. Mom needs to file her own motion to establish visitation and, at that point, it is up to the court to determine what, if any, visitation is in the child's interests. From the non-legal side, you need to weigh the pros and cons to the child of not seeing her mother.
Answered on Nov 04th, 2013 at 6:17 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you have sole custody and it harms your child, then no, you do not have to let mom have visitation. Let her go to court and ask for a modified custody schedule and your child can tell the judge what has been happening.
Answered on Nov 04th, 2013 at 5:50 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You have no duty to let the child see the mother if the court did not give her any visitation with the child. If the court did provide for visitation you must make it happen. If you feel it is detrimental to the child, go back to court and modify the parenting plan. However, since you've allowed visitation, the court has to take that into consideration.
Answered on Nov 04th, 2013 at 4:04 AM
Bruce Provda
If there is no order there is no order to violate.
Answered on Oct 30th, 2013 at 9:44 PM
Mom has not been granted visitation. Teen has apparently no real interest in visiting. Mother is evasive on where she lives and apparently breaks the law in presence of teen. Until a court orders otherwise, you can likely disregard mother if teen is good with that. Mother may threaten to go to court. Remind her of drug use, politely, and say, again politely, if so, see you then.
Answered on Oct 30th, 2013 at 9:31 PM