Answer You are a mother ... fight!!!!! You can seek out legal counsel and go to court to fight for the rights of your children. If your ex has any record of abuse against you or your children (or both) you can fight this in a court of law and get either partial or hopefully full custody of your child(ren). If you can't afford legal counsel then seek out your local Women's Abuse Centers (you can go to Mental Health or your local law enforcement agency and ask them where these centers are) and fight through them. They have people who will help you fight for your rights in court to get your children back .......... OR When your ex keeps forcing you to give up custody he is breaking the law! Seek out legal advice and if necessary (and you have proof) go to the media for help. People don't take kindly to any man (or woman) being abusive with the other partner or children involved.
That's what courts are for. You should seek legal advice from an attorney or ask to speak with an advocate at the family court with jurisdiction over your case. You haven't mentioned what orders he refuses to follow. If the father refuses to take the child for his scheduled visits there's not much you can do. If it involves significant violations such as not returning the child from visits on time or trying to take the child at unscheduled times or refusal to pay child support then you need to note the following and take action.
Court orders must be obeyed. The father's refusal to follow court orders is of serious concern since the laws and the courts do not matter to him. That should send up a red flag for your safety and the child's safety. His refusal to obey the court orders must be reported to the court for every time it happens. He will eventually lose his visitation rights but you need to be well prepared to deal with his reaction in that case. It cannot be emphasized strongly enough that you need to stay on top of this situation and not allow it to continue. He is trying to control your life and that is a dangerous situation for you.
No, court ordered visitation can only be revoked by the judge issuing the order (sometimes by an appeal to a higher court). The mother should insist her legal representative petition for a court order to enforce her visitation rights.
if it involves joint custody
If you are not married and there is no custody or visitation order, she has custody automatically. The father have to prove paternity in court by a DNA test and then petition for custody or visitation. He can then also pay child support.
You may arrange visitation through the courts.
Child support and custody/visitation are separate issues. You should contact your local courts to file for visitation/custody if the custodial parent is denying visitation.
Yes they can until there is a court order for custody and visitation
How does he have any visitation rights with a custody and child support order?
Yes of course you can. Visitation rights or shared custody should be settled when they are babies. There should have been a visitation order entered at the time the father was granted custody. There is no age restriction. Unless you were deemed an unfit parent you have the right to a visitation schedule. You should return to the court that issued the custody order and request a visitation schedule.
Yes, the father have to go to court to get visitation or custody.
by whom?
Being denied visitation or not, a father can petition for sole custody. The two situations are not related.
Yes. However, if the visitation is no longer practical, one of the parents may need to file for a modification of custody or visitation.