Father has full physical custody. Mother has court ordered visitation which includes overnight visits. Due to behavior problems with the children, the mother no longer wishes to have overnight visits and other visitation issues outlined in the divorce agreement. Can the custodial parent force the non custodial parent to take the children if she does not want to?
It is difficult to force a parent who does not want to see their children to adhere to the parenting plan as outlined in the Court Orders. You can file a Contempt Action to try and have the Court enforce the schedule but that is quite difficult to do. There are sanctions that can be used to offset things like additional costs for day care. You should consult with an child custody attorney and I would certainly be happy to meet with you if you want a consultation.
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