She wants to live with me in WA. You have every right to file a complaint for contempt against him if he does not return the child at the end of the visitation. She comes from Texas, and is visiting Illinois, she flys, she refused to get on the plane to return home. Read 1 Answer from lawyers to noncustodial parent refuses to return child to custodial parent. Texas Non-Custodial Parents Rights. No, child support and visitation do not go hand-in-hand. I live in TX & I let my son visit his father in WV. First contact the non-custodial parent and make sure there was no misunderstanding about the time and place for your child to be returned to you. For more information, contact the best Austin Divorce attorney…The word custody is often used to refer to the control and responsibility for a minor child, and applies in situations where the parents are not living together. 15 year old neice is visiting father out of state for scheduled visitation. If the non-custodial parent refuses to return the child it may be considered kidnapping. Conversely, your ex can not simply refuse to return the second child in retaliation for the lost visitation with the first child. She refuses to go back. My 14 yr old daughter is currently visiting me (non-custodial parent) in WA and refuses to return to her father (custodial parent) in SC. She is supposed to return on August 14 to SC. Can a parent refuse to allow visitation if child support is not paid? What are her rights in SC, the state which holds jurisdiction over the custody case. He's in another state - Texas Divorce Questions & Answers - Justia Ask a Lawyer If the worst case scenario occurs and the non-custodial parent does not return your child on the agreed upon date and place, try not to panic. non custodial parent refuses to return child? He can certainly not hold the second child captive until he gains seeking concessions from you. We made an verbal agreement that he was to stay there from the begining of the school year until after winter break. In Texas child custody agreements where there is a primary custodial parent and a noncustodial parent with visitation, the issue of relocation can be a difficult one.

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