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  1. #1
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    Default Can a Custodial Parent Let a Child with an Autism Spectrum Disorder Decide Visitation

    My question involves a child custody case from the State of: OH

    Can Custodial Parent allow Minor Child with Asperger to decide visitation?

    Ive had court ordered visitation since the child was 2; now 15 and has been diagnosed with Asperger's. So recently the mother claims that the child no longer wants to come visit because the noise of the other children in my house irritate and upset them. I believe mother just does not want to make the long halfway trip to meet me every other weekend and has coerced the child. All in all I am the parent too and I feel I have a right to make her come visit even on the days she doesn't want to come visit. Besides, onces they are here, the child always has a blast and super fun time, very rarely have I seen the other children upset irritate said child. The visitation is getting more and more sporadic & Im worried that I am being phased out. Do I have any legal ground?

  2. #2
    Join Date
    Dec 2013
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    835

    Default Re: Can Custodial Parent Allow Minor Child with Asperger to Decide Visitation

    Yes. I do believe you would have legal ground. Understand though that teenagers are a tricky business, and you might find that forcing the issue drives a wedge between you and your child.

    Others will have better responses regarding the legality of it.

  3. #3
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    Massachusetts
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    Default Re: Can Custodial Parent Allow Minor Child with Asperger to Decide Visitation

    It is a court order, not a court suggestion. As long as that order is in place, if it is your weekend, Princess makes the trip to see you. If that means you need to go back to court to have the order enforced, so be it.

  4. #4
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    Default Re: Can Custodial Parent Allow Minor Child with Asperger to Decide Visitation

    Something tells me that in this particular instance Mom may actually have a shot at convincing the court that visitation should be either left up to the child, or consist of therapeutic visits.

    However until someone takes it to court the order should be followed to the letter. Do not be surprised if Mom gets her wish.

  5. #5
    Join Date
    Oct 2014
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    Default Re: Can Custodial Parent Allow Minor Child with Asperger to Decide Visitation

    Quote Quoting Dogmatique
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    Something tells me that in this particular instance Mom may actually have a shot at convincing the court that visitation should be either left up to the child, or consist of therapeutic visits.
    I have yet to see a child visitation order that leaves it up to the child to decide what visitation will be done. I think that is, if not impossible, at least extremely unlikely.

  6. #6
    Join Date
    Mar 2016
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    Default Re: Can Custodial Parent Allow Minor Child with Asperger to Decide Visitation

    Quote Quoting arlo
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    My question involves a child custody case from the State of: OH

    Can Custodial Parent allow Minor Child with Asperger to decide visitation?

    Ive had court ordered visitation since the child was 2; now 15 and has been diagnosed with Asperger's. So recently the mother claims that the child no longer wants to come visit because the noise of the other children in my house irritate and upset them. I believe mother just does not want to make the long halfway trip to meet me every other weekend and has coerced the child. All in all I am the parent too and I feel I have a right to make her come visit even on the days she doesn't want to come visit. Besides, onces they are here, the child always has a blast and super fun time, very rarely have I seen the other children upset irritate said child. The visitation is getting more and more sporadic & Im worried that I am being phased out. Do I have any legal ground?
    If you are court ordered to have your child on certain weekends and certain days, then your ex has to let you have the child on those days. She doesn't get to decide when. You can take her to court for contempt if she is refusing to allow the child to come on your mandated visitation time.

    The only way the judge might order that it's up to the kid is if the mom gets a bunch of the kid's medical team to come forward and say that medically she can't be around noise. I am fairly sure there are kids with medical disabilities who still go to see their NCP.

  7. #7
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    Oct 2014
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    Default Re: Can Custodial Parent Allow Minor Child with Asperger to Decide Visitation

    Quote Quoting qwaspolk69
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    The only way the judge might order that it's up to the kid is if the mom gets a bunch of the kid's medical team to come forward and say that medically she can't be around noise.
    No, even then it is not up to the kid. Where do we get the idea that a kid should trump the decisions of his/her parents? Fortunately, liberal though some courts are, they have not yet gone that far. If the medical conclusion is that the kid cannot be around a certain level of noise, then the court puts it in the order that the NCP must ensure that there is not that level of noise. But the court isn't going to say “well, ok, so the kid can’t have excess noise so that means the kid gets to decide when he will see the NCP.” That’s simply illogical.

  8. #8
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    Jul 2006
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    Default Re: Can Custodial Parent Allow Minor Child with Asperger to Decide Visitation

    Quote Quoting Taxing Matters
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    I have yet to see a child visitation order that leaves it up to the child to decide what visitation will be done. I think that is, if not impossible, at least extremely unlikely.
    Summit County Ohio Standard visitation order:

    FOR A CHILD AGE 14 AND OLDER Parenting time is expected to take place weekly, with the days and times to be agreed upon between the child and the nonresidential parent.

    Hate it. Think it sucks. Despise it. But you can't hold the custodial parent in contempt with this order.

  9. #9
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    Oct 2014
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    Default Re: Can Custodial Parent Allow Minor Child with Asperger to Decide Visitation

    Quote Quoting Ohiogal
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    Summit County Ohio Standard visitation order:

    FOR A CHILD AGE 14 AND OLDER Parenting time is expected to take place weekly, with the days and times to be agreed upon between the child and the nonresidential parent.

    Hate it. Think it sucks. Despise it. But you can't hold the custodial parent in contempt with this order.
    Thanks for that. Ohio, or perhaps just that county, may be unique in that. In the jurisdictions in which I practice you would never see an order like that. The kid is not a party to the action and letting the kid decide or set the times for visitation basically makes the visitation order largely worthless. Whoever decided that kind of policy was a good one ought to have his/her head examined, IMO.

  10. #10
    Join Date
    Aug 2010
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    Harteville
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    Default Re: Can Custodial Parent Allow Minor Child with Asperger to Decide Visitation

    with all the unfair things that have happened to my children I would not be surprised however my gut tells me that the mother is baiting the child for a better weekend thus preventing any quality time and bonding.

    I'm actually taking her back to court to other reasons as well, to force her to sign a IRS Form 8332 which was court ordered from the git go. Shes refused to sign it 13 years in a row and its time to use the courts to favor for once. So I plan on running her in and out of the court for every legitimate thing I possibly can until she adheres to the visitation set forth my our unfair court system. Shes going to do what shes suppose to be doing according the legal court agreement or suffer countless days of missed work and long travels back up here to the place where justice gets served.

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