Denial of Visitation Visitation generally will be terminated only when a parent is determined to be unfit. Courts use a NEXUS TEST. Modification of Visitation Until a child reaches the age of majority, visitation can be – modified at any time but only when the parent seriously endangers the well-being. child’s Usack v. Usack (N.Y. 2005) Rule parent, of course, has a statutory duty to support a child until the age of – “A 21. However, where it can be established by the noncustodial parent that the custodial parent has unjustifiably frustrated the noncustodial right of parent’s reasonable access, child support payments may be suspended.” Minority Rule Majority Rule Denial of visitation is a defense to an action for failure to pay NOT – child support. Sampson (D.C. 2004). Periodic Accounting of Child Support Expenditures Required by some jurisdictions – to reduce friction between parents. E.g., Missouri. Online/Video Chat Visitation Some courts may order it in addition to in-person – visitation. E.g., Utah. Remedies for Injured Noncustodial Parent Modification of visitation order or parenting agreement to provide a more detailed schedule and conditions for visitation visitation Additional “make-up” Contempt proceedings Civil damages for IIED Parental Discretion During Visits Page 780 Some courts impose stringent conditions. Some courts allow a parent to decide how to spend his or her parenting time. Miller v. Smith (Vt. 2009). Supervised Visitation For parents that are not unfit, but where there are sufficient concerns about a safety or well-being that the parent cannot be alone with the child. child’s Court finds that a child might be harmed during an unsupervised visit with a noncustodial parent. May order supervised visitation. Dufresne v. Dufresne (La. 2008). Locations Page 781 – Supervisors Page 781 – Sometimes, family members. Usually not the oldest sibling. Typically, one of the grandparents on the noncustodial side. This can be parent’s dangerous if the relative does not take the responsibility seriously, and in fact, relatives should not be supervisors. Domestic Violence Appropriate situation for supervised visitation. Might warrant no visitation at all, which is an exception to the usual UMDA policy.
Denial of Visitation Visitation generally will be terminated only when a parent is determined to be unfit. Courts use a NEXUS TEST. Modification of Visitation – Until a child reaches the age of majority, visitation can be modified at any time but only when the parent seriously endangers the child’s well-being. Usack v. Usack (N.Y. 2005) Rule – “A parent, of course, has a statutory duty to support a child until the age of 21. However, where it can be established by the noncustodial parent that the custodial parent has unjustifiably frustrated the noncustodial parent’s right of reasonable access, child support payments may be suspended.” Minority Rule Majority Rule – Denial of visitation is NOT a defense to an action for failure to pay child support. Sampson (D.C. 2004). Periodic Accounting of Child Support Expenditures – Required by some jurisdictions to reduce friction between parents. E.g., Missouri. Online/Video Chat Visitation – Some courts may order it in addition to in-person visitation. E.g., Utah. Remedies for Injured Noncustodial Parent Modification of visitation order or parenting agreement to provide a more detailed schedule and conditions for visitation Additional “make-up” visitation Contempt proceedings Civil damages for IIED Parental Discretion During Visits Page 780 Some courts impose stringent conditions. Some courts allow a parent to decide how to spend his or her parenting time. Miller v. Smith (Vt. 2009). Supervised Visitation For parents that are not unfit, but where there are sufficient concerns about a child’s safety or well-being that the parent cannot be alone with the child. Court finds that a child might be harmed during an unsupervised visit with a noncustodial parent. May order supervised visitation. Dufresne v. Dufresne (La. 2008). Locations – Page 781 Supervisors – Page 781 Sometimes, family members. Usually not the oldest sibling. Typically, one of the grandparents on the noncustodial parent’s side. This can be dangerous if the relative does not take the responsibility seriously, and in fact, relatives should not be supervisors. Domestic Violence Appropriate situation for supervised visitation. Might warrant no visitation at all, which is an exception to the usual UMDA policy.
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