Legal Question in Family Law in Alabama

child visitation

my daughter has full custody of her son she gives father isitation one weekend evry 2 weeks. for about 3months now the son is scarred to go to father. some times he has to be made to go he crys and shakes not wanting to go. the father has been confronted and denies anything. since the daughter has full custody and there are no set visitation in the divorce papers. can she deny him from seeing him when the child is crying and scarred to go. the child is 5 yrs old. we try to explain to him and to get him to go. in other words he has to be forced to go sometimes.is this right, or what can be done..


Asked on 6/22/07, 1:26 pm

1 Answer from Attorneys
Pamela Scott Scott Law Office

Re: child visitation

If your daughter feels that the child's safety is at risk, it is her right and duty as a parent to alleviate that risk. If there is no visitation in the divorce decree, then she can't be found in contempt. Moreover, there is no duty for the custodial parent to force the child to engage in visitation.

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Answered on 6/29/07, 10:06 pm


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