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JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience:  Published articles on family law, featured in several publications for successful trial work.
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Hello, I know this story is long, but I would like you to really

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Hello, I know this story is long, but I would like you to really know all the details. I recently received papers stating my child’s biological father is filing for visitations rights. We are set to go to court soon. I wanted to know how I can prevent him from receiving visitation rights? And here is why. As recent as last year, he has been charged with multiple counts of domestic violence charges for multiple women including myself. He has been charged with theft and other crimes as recent as last year. He is a drug user and one of the women he domestically violated reported this as well. He is currently living with one of the women he domestically violated and it’s on record. My daughter is about to be four years old in November. He never wanted to see her when I did give him the chance. He is ordered to pay child support as of 2006. I have a card that I check and to date has only paid about $50 if that but I never took the money off because I don’t need it. The reason being, my current fiancé came into my life when my daughter was about one year’s old. He has taken care of her since and provides for her and myself when I was barely hanging on. She knows my fiancé as daddy because that’s who he is, just not biological. My daughter has everything emotionally, mentally, and financially now. My daughter’s biological father provided nothing, in fact, he left me and my daughter stranded. He has committed numerous other criminal acts that I can remember. I don’t want my daughter around a man who wouldn’t come take her to the hospital when she caught the rotor virus, and other illnesses. I don’t want her around a man who charged me gas money to take my daughter to a special hospital in the next city when she was ill. I don’t want her around drugs, and violent situations. I don’t have to worry about any of this anymore. Her life is finally stable and I think visitations are not in her best interest. So far I have gathered his criminal record/charges and non-paying child support records. PLEASE if there is anything I can do, please advise me. I am desperate to defend my child at all cost. Thank You
Well unless his rights are terminated, you will not be able to totally stop visitation. He has a right to see the child. But you can definately get short supervised visits. My strategy in cases like these is to just set up several hoops he has to jump through before he can see the child. Ask that he attend counseling for several months first. Ask that have the visits supervised for 30 minutes and that he drive to a public place.

The court will often order these types of limits on visitation and make him build up to regular visitation. BUt most of the time, the fathers do not manage to clear all the hurdles and the visitation never happens.

I know you said you don't need the child support, but I would also file a Petition for Contempt for the back child support. Ask that he pay the child support, plus additional amounts to make up for the last 4 years. You could contact the prosecutor's office and have him charged with criminal non-support of a child.

Like I said, you can't stop the visits. You can only make it harder for him so that he quits. Child support is not tied to visitation.

The other alternative is to file a Petition for Adoption by your fiance. Then you could ask to terminate the rights of the father, because of parental abandonment. If he has not seen the child or paid support as you describe, there is a good chance you could have his rights terminated for abandonment. You will definately need a lawyer for this.
Customer: replied 8 years ago.
Thank You for the reply. I love the info. I must have mistated but he doesnt have visitations rights now. im trying to convince the judge to prevent visitation for the sake of my daughters well being. Is their something i can do for this?
I understand he does not have visitation now, but if he jumps through all the hoops, he will eventually get it. He has the right to visitation, unless his parental rights are terminated (something you cannot do, except through an adoption).

The best interests of the child is the standard for visitation, but it is presumed to be in the child's best interests that she have visitation, however limited, with her father. Besides the best interests, you have the father's rights issues.

JPEsq. and 4 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
ok thank you. shoud i ask the court for drug testing? if so, before the judge rules or after.
Yes, you should definately ask for drug testing, BEFORE teh judge rules.

Here is what you should do, rough outline:

- file a contempt on the child support.
- ask that he have no visitation
- but if he is going to have visitation he should have to
- go through intensive anger management counseling
- a parenting class
- undergo mandatpry drug tests
- if and when he completes these things successfully, he should get short visits, supervised in a public place for at least a year
- after that year, if he completes everything, revisit

Customer: replied 8 years ago.
I sincerely XXXXX XXXXX thank you. I feel a lot more confident going into court now. i will spread the word of your knowledge to others. If I have anymore questions to "Ask a Lawyer," I will definetly be back. Thanks
Thank you. Good luck.