Question about child visitation???
539517
The answers submitted thus far are partially correct.  You and your boyfirend, as the child's parents, have the primary say over who the child spends time with.  However, grandparents' rights vary greatly from state to state.\n\nFor instance, in California where I practice, grandparents do indeed have visitation rights in theory.  A grandparent can petition the court for visitation.  The court will be guided by what is in the best interests of the child, i.e. how close the child is to the grand-parent, how detrimental it would be for the child to not see the grand-parent, etc.  \n\nIt is also within the court's authority to put equittable restrictions/conditions upon visitation.  Yes, the court can order a psychological evaluation to determine if the grandparent should be allowed visitation.\n\nTalk to a child custody attorney in your area to see what rights may be available to the child's grandmother.  In the meantime, I would say that it is probably well within your rights to deny access to your child unless and until a court orders otherwise.
320015
I'm not a lawyer but I have 23yrs of law enforcement experience. You really didn't give enough info for me to say. It depends on many factors; such as what were terms of your divorce, why he hasn't been in kids' lives, financial support, his reason for sudden interest and any claims he's making to help him gain custody, any personal problems or negative actions by either of you,etc. Assuming you were awarded custody originally and there were not and are not now any extenuating circumstances that drastically change the original status of his behvior/situation or yours or the children and he basicly just decided he wants custody chances are slim the court would change the managing conservator status you hold unless he can show you to be an unfit mother. He might be able to negotiate visitation rights but doubtful the court would disrupt the children's lives without just cause.
1067376
You should first contact the courthouse and find out the exact details of your visitation rights and then go from there. But just by the way you r describing it, I'm pretty sure it is a violation of his probation. (Not 100% though, sorry.)
525773
I am sorry to hear about your situation. I was in a similar situation 7 years ago but her father was actually convicted of molesting a young girl in town and he was sent to jail so i have sole custody of her. But I do know from working with troubled kids that there are supervised visits you can ask for where the visits are in a safe location with a member of social services or another agency like that present during the visit. It may be an option for you to look into and i hope everything works out.
890396
It is this way , since he did not take child first ??\n\nAnd it is this way since he is letting it happen,  he has not filed for custody,  ( his right) and the longer he waits the harder it will be.  He has not filed for visitation,\n\nIt appears he dont care.
989355
Your child is still a child until age 18, and until then your ex can file contempt charges against YOU if your children do not go to him on his legal visitation dates.\n\nYou really ought to encourage them to go.  You'll be the one in legal trouble if they don't go.
990330
If you have a valid child visitation order from your state, you can always petition the court to order the information released to you by the child support agency.  If you do not have such an order, I would be concerned about why you want to find this person, and would encourage people not to answer this question.  I've seen too many people stalked, children kidnapped, and worse.
824978
Is the permission in writing or recorded on any court documents? If not then while I will say it is highly unethical for him do this I would say what permission??  I would be very uncomfortable letting my son move 200 miles away with a man I don't know. Also.. the visitation needs to get worked out BEFORE the move. Get it all in writing and notarized. That way if things go bad between your fiancee and his ex and it all goes to court you'll at least have that much to work with.  good luck!
790428
It varies from state to state but most states any more look at it like this.  The parent in question is giving up their rights to visitation and make decisions in their child's life not their responsibility to care for the child.  If however, the child is adopted by another person then those responsibilities transfer to the new parent.
672170
Depends on your laws and papers you will have to check.  \n\nExample:  My daughter is 10, even when she is 17 she cannot make that decision.  The papers clearly outline visitation and unless those rules change, the child has to go to the visitation.\n\nIn my state if your child refused and you let him/her, disobeying a court order, his father can ask the court to hold you in contempt.  \n\nThe three of you need to discuss this and change your court order if need be.
1135635
ok, you're not going to like this, but i have to say it anyhow.  the judge does not need (and in most cases will not) take into consideration any abuse that the father did to you in regards to visitation of the child.  unless you can you prove that he was and is a danger to the child, he will more than likely get visitation with the child.\n\nthat said, the judge should (and usually does) take into consideration the abuse you suffered when deciding custody.  if the two parents cannot converse amicably, they will not be able to jointly decide on the proper care for the child.\n\nmost people confuse custody with visitation.  custody determines who is responsible for the child ie what education the child will receive, who the family doctor is, even hair colour and types of sports the child will be in.  \n\nthere are 2 types of custody \n\n1) sole - one parent is the decision maker.  this type of custody is generally awarded in cases where one parent is so irresponsible that s/he is not capable of caring properly for a child, and in cases where the parents cannot communicate - such as cases where one parent has been abusive to the other.\n\n2) shared/joint custody - both parents jointly make decisions regarding the child's care.  this type of custody is generally decided out of court when the parties can get along reasonably well.  most cases which end up in court end up with one parent getting sole custody.\n\nvisitation determines how often the parent who does not live with the child gets to see the child.  this has no bearing (unfortunate though it may be) on any abuse that the other parent has suffered at his/her hands.\n\nbottom line is ... try to get as much support for supervised visits as you can.  can you get a copy of the other woman's affidavit? and children's aid reports? anything that you can use to protect child?\n\ni wish you all the best of luck and hope that i helped at least a little bit
533907
He won't get custody, don't worry about that.  But make sure you have a good lawyer, you don't want to go in there without legal representation.  Make sure he doesn't get any overnight visitation if you can.  The baby is 3 months old and shouldn't be away from you very long at all.  Supervised visitation would be your best bet, I would push for that since he does drugs.
910684
I'm sorry this is happening to you and your children. Dead beat dads really make me mad. \n\nLegally...you are well within your rights to go back to family court and file a custody modification. You can pick up the petition at the family court of the country where you and the children reside. Take the petition to your lawyer or complete it yourself (they're pretty self explanitory).\n\nYou can then modify the custody to either suspend his visitation completely, or you can make some provisions that if he doesn't pick them up within one half hour of the scheduled visit is canceled (so he can't just randomly show up). \n\nSite the reason that it is emotionally damaging to your children to have inconsistent visitation. For the next few visits make sure you have a credible witness in your home or at the drop off site. That way, he can't come back in court and say you are refusing him visitation.\n\nIf you don't care about child support or if you aren't recieving any, you can petition the court to eliminate his parental rights. This is easier to do if he is not only not visiting, but if you also have a husband or boyfriend who is willing to adopt your child. The court does not like to bastardize a child (their words, not mine).\n\nJust a warning, usually just the threat of court action causes most men to start seeking visitation again. So, only take action if you aren't worried about that. And the child support increase that another poster was talking about is not true in all states, so talk to a lawyer if you can. If you can't afford one, speak to your local Legal Aid Society or request a court appointed attorney (they do have those in FC).\n\nAnd on a personal note....kids are pretty perceptive. If you see yours being effected by all of this, consider family or individual counseling. There are free counselors available to your and your child.\n\nBest of luck!
1085225
You need to file a petition with the court.  If they ordered that he has visitation rights and she is breaking that order they can haul her back.  They also can suspend her child support payments until those visitation rights are restored.  Just don't do anything without going through the court.
75940
Go to your county's Child Support Agency. It's in the phonebook. Call or walk-in. If the children are in your care for more than 1/2 the time, he will be required to pay child support. As far as him seeing them, you may have to go to mediation which cost me $100. I didn't request it, he did. Actually, he requested it 2 times. Do your best as far as that goes. You do have to cooperate with visitation but only if he's looking for the best interest of the child. Which is what the mediator does. However, the mediator will believe what he/she wants from both sides. Be polite. My ex started to get rude and it effected the outcome. I just stayed quiet during his little fit. I hope this helps. Good luck! Don't let him bully you out of this either. You're fighting for your children's rights.
614532
I think you need to get an attorney and fight to get at least visitation with your children....if you are currently under a court order not to contact them at all, then I wouldn't since that could delay your rights to them even longer. Find an attorney...and fight like hell honey, I could not imagine not being able to see or talk to my kids. Good Luck.
223111
I am a mother and wife, and an ex-wife. I "left" my children's' biological father because he was abusive and a closet drug abuser. The "value" of my family was and still is everything to me. Just because I put my children's' lives and best interests in front of my own personal feelings doesn't mean that family has no value to me.....it means that I did what I had to do to make a better life for my family. And my ex. had every opportunity to see his children but thought and still thinks that there are things in life more important....how sad for him. Maybe you should look into your legal options in your state as far as visitation with your child goes....and I wish you well with that because every child deserves to have two parents that love and care for them. As far as the "women" that left you because of petty little things....well maybe you should re-evaluate your decisions on whom you date.