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Custody & Kidnapping

Laws current as of July 18, 2023

.Father is not using visits. Can I force him to see the child?*

In general, if one parent is not following a court order for custody/visitation such as keeping a child too long or not allowing the other person access, the other parent may file a violation petition to try to enforce the order. However, the situation may be different when one parent is not using his/her visits - I am not sure whether or not a judge may force a parent to utilize visitation if that parent does not want to. You may want to talk to an attorney to see whether or not your situation is one where you may be able to file a violation petition if you want the father to utilize the visits - or you may want to ask an attorney what other options you may have legally (for example, if you wanted to try to stop the visitations, an attorney may tell you if that’s possible or not). You can find free and paid lawyers on our Finding a Lawyer [HYPERLINK] page if you want specific advice on your case. Also, we have general information about the custody laws in your state in case that is useful. [HYPERLINK]

[NOTE: CAN ADD THIS IF SHE SAYS THAT THE CHILD IS UPSET ABOUT NOT SEEING THE FATHER, ETC:  Also, you may want to consider whether or not you’d want to get your child into counseling to work through his feelings to be able to talk about what he is going through. Often, school may have counselors or a pediatrician or family doctor may have a referrals for therapists. You can also find a therapist through the American Psychological Association.