Non-custodial parent fails to exercise visitation -- what can custodial parent do (NY)? I have a friend, ten years old, who is going nuts because his father has rejected him entirely since he lost shared custody. But my friend sees his father around town, and this constantly reopens the wound. Is there anything that can be done legally about this? Mother petitioned to change the court order because father was physically and emotionally abusive to the child. The court order that changed the custody arrangement states that father may have visitation at a certain frequency -- one weekend per month, one day per week, something like that. But since then there have been 0 visits, and father doesn't respond to phone, text, email or snail mail from the child or the mother. The court order acknowledges that the father has unpredictable shift work, and says father should contact mother to arrange dates for visitation. I think some sort of mediation would be best, because mother gets extremely nervous in court, and can't afford a lawyer. The pro bono lawyers in our town are either flaky or impose their own agenda on the person with limited means. They're not like private lawyers, who have the financial motivation to carry out the client's directives. Edit: I found a Parents Handbook with an FAQ at https://www.nycourts.gov/ip/parent-ed/, which says What happens if a custodial parent violates a visitation order? Traditionally, courts have been reluctant to impose a jail sentence when a parent withholds visitation, although it has been done. More common penalties for the persistent withholding of, or interference with, visitation are the suspension of maintenance, transfer of custody, providing make-up time, and/or requiring the payment of counsel fees.
This question makes me sad. I think the answer will likely not be a legal one but, rather, an emotional one. Courts have many reasons to be reluctant to impose a duty of visitation upon a recalcitrant parent; so courts typically will not. I think the best course of action is for mom (or maybe a helpful third party, but coming from mom first would be best) to call and make an emotional appeal to dad something along the following lines: Despite what happened between us, your son loves you very much. I know that despite what happened, you are a good man. (Even if nobody else actually believes that, be sure dad believes it. So it will be helpful to say this.) I know you love your son too. Your son wants to be closer to you. I would be happy to change the visitation order to whatever you like. (Like above, even if not totally true, it's very helpful to say. It opens hearts, minds and communication channels. If he wants to take her up on this. She should listen and be open to it.) Please visit your son. He wants and needs a relationship with you. Be proactive and appeal to dad's emotions while lowering the overall level of acrimony. Since I'm commenting, I'll also add this in parting. As a practical matter, so many legal actions have unintended adverse consequences and therefore just because we can do them it doesn't mean we should do them in order to get the best outcome. Visitation orders and jail time to enforce child support are good examples of this. Sometimes the acrimony involved in taking away or reducing the amount of time a parent is entitled to spend with their children can cause the parent to spend even less time with the child and ultimately hurt the child. Whose interests and wellbeing should be everyone's top concern. Similarly to the point, putting parents behind bars for not paying child support can make it even more difficult for them the earn the money with which to pay the support they are required to pay. It's a crazy world.
It depends. An agreement of the type you describe is called a post-nuptial agreement or marital agreement. These agreements are not prohibited, but are subject to heightened scrutiny. In determining if it is valid, courts consider financial disclosure, an opportunity to consult a lawyer, and a voluntary non-coerced agreement in writing, as well as a requirement that it not be unconscionable when signed or when enforced. Strictly speaking, while alimony can be eliminated in this manner and divorce attorneys' fees and property settlements can be managed in this manner, child support cannot be eliminated in this manner, although some agreement as to what constitutes payment in kind of a child support obligation that is currently existing can be reached. Modification of child support requires court approval since the child's rights are implicated and the child is not competent to agree. In the circumstances you describe, I do not think that any of the agreement would be upheld as it would likely be found to be flawed both substantively and in the process by which it was agreed. This is particularly true because New Jersey is quite hostile to post-nuptial agreements relative to most states and generally only permits them when there is evidence that the marriage was nearly moribund or the agreement was entered into in connection with a reconciliation. In general, some of the considerations that apply in New Jersey are that: If the agreement was oral and enforcement is sought of a promise to convey real estate, there must also be compliance with the statute of frauds. The court may have to resolve disputes over the terms of the agreement. The court must consider whether the circumstances under which the agreement was entered into were fair to the party charged. The terms of the agreement must have been conscionable when the agreement was made. The party seeking enforcement must have acted in good faith. Changed circumstances must not have rendered literal enforcement inequitable. This approach remains good law in New Jersey and has been enforced in a manner that is quite skeptical of these agreements. See, e.g., Kriss v. Kriss, A-3255-15T3, 2018 WL 1145753 (N.J. Super. App. Div. Mar. 5, 2018). Many others states are more inclined to uphold such agreements.
Child support arrangements can be negotiated by the parties, however, approval of the court is required to make them binding. Courts will reject arrangements that deviate too far from what a court would impose.
What are the possible steps to enforce child support payments? (This is in the state of Georgia, USA.) I prefer approaches that do not involve paying an attorney, since that fast becomes expensive and counterproductive. Child support generally either is, or can be reduced to, by court process, a money judgment. The money judgment can then be enforced by writ of execution and levy attaching tangible personal property of a debtor, to the extent that the asset is not exempt from creditors claims. The money judgment can also be used to garnish bank accounts. If someone has a manifest ability to pay child support, but has willfully failed to do so, a court can incarcerate the child support debtor for contempt of court until such time as the child support debt voluntarily turns over the assets that the debtor has an ability to pay the child support debt with. In theory, however, an inability to pay child support is a full defense to a contempt of court proceeding. All of these kinds of legal child support collection proceedings are technical, and it would be very challenging to accomplish these goals through the court process without a lawyer. The going rate for contingent fee collection of child support debts is usually 50% of the gross amount recovered, plus out of pocket costs for filing fees and process servers out of your half, if you can find an attorney willing to take on a child support collection case at all. Sometimes collection agencies will agree to collect child support for a similar fee. Collection agencies can make negative credit reports, and nag the child support debtor regularly, but otherwise have the same remedies available to them as a lawyer. Many states have procedures for the state child support collection agency to seize tax refunds, to revoke occupational and professional licenses, and to revoke driver's licenses if child support is not paid. Usually, state child support collection agencies either exclusively serve, or prioritize, cases where child support is owed to someone who has received state welfare benefits, and it applies some or all of the proceeds received to the welfare payments made to the child support beneficiary. Not paying child support might be a probation violation that could be reported to the child support debtor's probation officer. But, causing the child support debtor to be incarcerated for failing to observe probation terms doesn't naturally or easily translate into providing the child support creditor with money. Ultimately, you can't get blood out of a turnip. If someone doesn't have an ability to pay child support, they won't. A new car is suspicious and probably indicates that there was some under the table work done. But, by the time it is seized, it is a used car, and its fair market value at auction may be quite modest. Whether or not it is cost effective is for you to decide. I once tried to collect a money judgment of about $100,000 from a drug dealer which presented similar problems. It wasn't easy. It rarely is. There is no quick, inexpensive way of doing it.
It depends on where you live, but &quot;restrain&quot; doesn't mean telling a person that they have to stay put, it implies either a physical blockage (locking the door) or a threat of force, and neither of those are present or suggested by the sign. We don't know what the consequences are, for example they might report you to your parents or even restrain you if you are a minor (that's who is in most &quot;gym classes&quot;). If you are an adult, the consequence could be some contractual sanction (read the contract) or termination of the contract for breach (read the contract). You can simply ask a supervisor how they intend to enforce this restriction.
Note that I am not a lawyer. All law code here is from the official Georgia Law at LexisNexis. In the case of Georgia, the law regarding a child’s election changed in 2008. Prior to 2008, a 14 year old child could choose with which parent to live, unless the judge determined that the chosen parent is unfit. As proving that a parent is unfit was not always easy, the Georgia General Assembly in 2008 replaced the unfit parent standard with a Best Interests of the Child Standard. This new standard provides more flexibility to the judge in determining custody. Some basic facts about how the law in relation to the child's selection of parent: A parent that wishes to modify an existing custody arrangement must show that a material change in circumstances has occurred that warrants a new decision by the court. If the child is 14 then the child's desire to select the parent may be considered as the "material change in circumstances". However the court will only consider the child's choice if at least two years have passed since the last custody determination. These aspects of the law can be seen in Georgia statute 19-9-3, article 5, which states: (5) In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection for purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child. The parental selection by a child who has reached the age of 14 may, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child; provided, however, that such selection may only be made once within a period of two years from the date of the previous selection and the best interests of the child standard shall apply. Note that the expression "The child's selection for purposes of custody shall be presumptive unless..." is the same as saying that "the child's selection shall be controlling (the decision) unless...". As to children that are between 11 and 14 the law states as follows (Georgia statute 19-9-3, article 6) (6) In all custody cases in which the child has reached the age of 11 but not 14 years, the judge shall consider the desires and educational needs of the child in determining which parent shall have custody. The judge shall have complete discretion in making this determination, and the child's desires shall not be controlling. The judge shall further have broad discretion as to how the child's desires are to be considered, including through the report of a guardian ad litem. The best interests of the child standard shall be controlling. The parental selection of a child who has reached the age of 11 but not 14 years shall not, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child. The judge may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of 11 but not 14 years where the judge hearing the case determines such a temporary order is appropriate. (Note that a "guardian ad litem" is the same as a "legal guardian".) If the child is younger than 11, there is no expectation for the judge to consider the child’s preference when awarding custody. Besides the desire of the child, the judge may consider following factors listed under Georgia statute 19-9-3, article 3: (3) In determining the best interests of the child, the judge may consider any relevant factor including, but not limited to: (A) The love, affection, bonding, and emotional ties existing between each parent and the child; (B) The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children; (C) The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child; (D) Each parent's knowledge and familiarity of the child and the child's needs; (E) The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent; (F) The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors; (G) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (H) The stability of the family unit of each of the parents and the presence or absence of each parent's support systems within the community to benefit the child; (I) The mental and physical health of each parent; (J) Each parent's involvement, or lack thereof, in the child's educational, social, and extracurricular activities; (K) Each parent's employment schedule and the related flexibility or limitations, if any, of a parent to care for the child; (L) The home, school, and community record and history of the child, as well as any health or educational special needs of the child; (M) Each parent's past performance and relative abilities for future performance of parenting responsibilities; (N) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child; (O) Any recommendation by a court appointed custody evaluator or guardian ad litem; (P) Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and (Q) Any evidence of substance abuse by either parent.
A settlement is fundamentally a contract where parties A and B promise to do certain things (one of them being "stop litigating"). A court order is an enforceable order to do something. A contract cannot be directly enforced (where force is used to make a person comply), it requires a court order for actual enforcement. The conditions of a contract might be enforceable, but you can't get the sheriff to come out based just on a contract. It appears that you got to the "facilitation" phase where the parties talk about the issue and the CRT case manager talks to the parties in neutral terms, aiming for an agreement. If you don't reach an agreement, the Tribunal Decision Process escalates the matter. Under the decision process, the CRT member makes a decision, and it can be enforced in court. They state that "For a $25 fee, the CRT can turn your agreement into an order, if both parties agree that an order should be issued. This is called a “consent resolution order”." I suppose that you did not go through that step, and you only have an agreement. So you would need a separate court process to get a court order. Because everything that you did in this negotiation phase is confidential, if you want CRT to give you something that is enforceable, you have to present the case from the beginning, since they don't have access to what has happened before. The problem in your account is that a settlement has to be reached by yourselves – possibly with the assistance of the CRT case manager. I assume you did actually get a settlement (agreement) with the landlord, but have not filed for a consent resolution order. It may be that the case is too old for you to just pay the $25, and it does require agreement by the other party. Read their FAQ about how cases end.
Both parents are legally responsible for the financial costs of raising a child. If you don’t have day-to-day care of the child, you may have to pay child maintenance to your partner or she may apply for maintenance and name you as the parent who has to pay maintenance. You are allowed to deny that you are the father of the child and if she wishes to pursue it further, you both may be asked to take a DNA test in order to prove or disprove that you are the father. You cannot force her to do this. It must be voluntary on both sides. If you're just looking to force her to have a DNA test based on the morality of raising a child then whilst I admire your attitude, unfortunately this is not something you can force her to do. For more information on this matter, head over to this article on the citizens advice website. I hope this helps