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legaleagle
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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I AM A FATHER TO A 10 YEAR OLD GIRL, THAT I HAVE NOT BEEN

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I AM A FATHER TO A 10 YEAR OLD GIRL, THAT I HAVE NOT BEEN ABLE TO SEE FOR OVER 6 YEARS BECAUSE OF HER MOTHERS ILL FEELINGS TOWARD ME. dUE TO A CASE OF DOMESTIC VIOLENCE MADE AGAINST ME IN 2000, SHE WAS GRANTED FULL LEGAL AND PHYSICAL CUSTODY OF OUR CHILD WHILE i WAS ENROLLED IN A REHAB PROGRAM AND DOMESTIC VIOLENCE CLASSES. aT THAT TIME MY VISITATION RIGHTS WERE REVOKED. UPON COMPLETION SHE STILL ALLOWED ME TO VISIT WITH MY CHILD HOWEVER, ONCE i BEGAN A RELATIONSHIP WITH MY CURRENT WIFE SHE STOPPED MY VISITATIONS AND DECIDED TO MOVE OUT OF THE AREA. SINCE THEN i HAVE COMPLETED MY CLASSES AND STARTED A NEW FAMILY THAT OF WHICH i HAVE NOW HAVE BEEN MARRIED TO MY WIFE FOR OVER 8 YEARS AND HAVE BEEN THE SOLE PHYSICAL AND LEGAL PROVIDER FOR TWO OF MY CHILDREN FROM A PREVIOUS RELATIONSHIP. AS WELL AS TAKE CARE OF A STEP CHILD FROM MY WIFES PREVIOUS RELATIONSHIP AND A CHILD THAT WE SHARE TOGETHER. i AM CURRENTLY TAKING HER MOTHER BACK TO COURT TO REGAIN VISITATION RIGHTS AND JOINT LEGAL CUSTODY. i JUST WANT TO KNOW WHAT I MIGHT EXPECT AS FAR AS BEING GRANTED VISITATION WITH MY DAUGHTER NOW THAT SHE IS OF AGE. i WOULD LIKE THE COURT TO ALLOW HER TO SPEND THE SUMMER WITH MY FAMILY AND I SINCE BOTH ME AND HER MOTHER LIVE A WAYS FROM EACH OTHER. aLSO, WILL THE DOMESTIC VIOLENCE ISSUE CONTINUE TO HAUNT ME AND INFLENCE THE JUDGE NOT TO AWARD ME VISITATION RIGHTS? aLSO, WHAT KINDS OF ORDERS ARE NORMALLY HELD WHEN A CHILD IS FIRST REUNITED WITH THEIR PARENT WHEN THERE IS A LAPSE IN VISITATION? wHAT SHOULD I BRACE MYSELF FOR? wORST CASE SENERIO, THAT IS.
Submitted: 5 years ago.
Category: Family Law
Expert:  legaleagle replied 5 years ago.

Thank you for contacting JustAnswer.com with your question. I will provide legal information related to your question.

 

Since you do not live in the same county, you will not likely get joint legal custody but you will get generous visitation and long summer visits. The domestic violence issue should not weigh heavily at all due to the time that has passed, the classes you have taken, and the fact that you have no reoffended. You may only get supervised short visits once a week or every other week for 6-12 months, it all depends on how the child reacts to the visits. Then you will get weekend visits and longer school break visits.

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Customer: replied 5 years ago.

WHO WOULD NORMALLY BE THE ONE TO SUPERVISE THE VISITS IF REQUIRED? AM I TO EXPECT THIS BE AN ADDITIONAL EXPENSE FOR ME?

Expert:  legaleagle replied 5 years ago.
A court appointed third party or sometimes it will be the other parent or family member that the 2 parents can agree to. If it is a third party and they are paid, then yes you could be ordered to pay for that fee.
Customer: replied 5 years ago.
iN REGARDS XXXXX XXXXX REAQAINTED WITH MY CHILD, i AM A LONG HAUL TRUCK DRIVER AND i REQUESTED IN MY VISITATION MODIFICATION TO HAVE HER 1 WEEK DURING X-MAS BREAK AND 1 WEEK DURING SPRING BREAK AND THE WHOLE SUMMER EVERY YEAR WITH THE EXCEPTION OF ONE WEEK AND HER BIRTHDAY. MY JOB REQUIRED ME TO BE OUT ON THE ROAD AT THREE WEEKS OF THE MONTH 1 WEEK HOME. hOWEVER THIS TIME IS UNKNOWN AND CAN VARY FROM MONTH TO MONTH. dOES THE JUDGE NORMALLY TAKE THIS IN TO CONSIDERATION WHEN DETERMINING VISITATION. i REQUESTED THESE DAYS SPECIALLY SO i WOULD HAVE TIME DURING YEAR TO SAVE UP ADDITIONAL FUNDS AND VACATION SO AS TO BE ABLE TO SPEND TIME WITH HER DURING THOSE TIMES. ARE THERE ANY OTHER REASONABLE SOLUTIONS TO REAQUAITANCE TIME AND SUPERVISED VISITS. i HAVE TO WORK AND IF i DONT WORK BUT AM RESTRICTED TO DUE TO 6-12 MONTHS OF WEEKLY VISITS i COULD LOOSE MY JOB AND NOT BEABLE TO SUPPORT MY FAMILY OR PAY CHILD SUPPORT. IN CASES LIKE THIS WHAT CAN I DO?
Expert:  legaleagle replied 5 years ago.
It is unlikely that the court will give you a week at a time right away. If you can only see her during Christmas and Spring Break it would most likely be for 1-2 days and then during the summer for short times until she is ready for longer stays. You will not get a week at a time right away. You could also ask that for the current time you be allowed to call and have phone time to get to know one another and that when your do know your week at home you give the mother a weeks notice and you be allowed to see your daughter for a day or two during that time, school permitting.
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