Father Visitation Rights

Tiera - posted on 04/16/2015 ( 3 moms have responded )

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Hello,
My husband and I have been married for a little over a year and have a 5 month old son. My husband also has a daughter who is 5 and lives out of state with her mother who has full custody of her. We have recently decided to take her to court for his visitation rights because the mother will not let me or our son be around when my husband comes to visit.She has used every excuse in the book and continues to lie about how terrible of a father my husband is. Yes, in the past he has made mistakes and has gone a long period of time (less than a year) without talking to his daughter due to disagreements between the mother and father and just not being physically and finacially stable. I have explained to her that people make mistakes that we have to learn from and that she has made just as many mistakes as we have but she still only sees the negative in everything. Our biggest problem is that the mother will not let my husband take their child out of her sight because he "hasn't met her standards". They have previously set up a supervised visitation from the mother for every Eve of every holiday but that was 3 years ago and he could not meet the requirements. Now that he is on his feet; has his own house, wife, son, job. There should be no reason why his daughter cannot come see us or us come pick the child up for a weekend and spend time with her away from the mother. I guess my question is, what are the chances of him getting his visitation order changed where we can spend time with her without the mother controlling every aspect of the situation? His daughter knows that my husband is his father and knows about her other family so I feel like there should be no reason for supervised visitation.

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Dove - posted on 04/16/2015

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So SHE is following the current court order for visitation and HE has been wanting more w/out going through the legal channels first? Did I get that right? If that is the case then the only to do IS to get a lawyer and go to court. She is under no obligation whatsoever to do anything outside of the current court order.

If his drug charge is in the past and he has consistent proof of himself being clean and she CURRENTLY has drug charges... 'I' would have been in court already if I were him.

Tiera - posted on 04/16/2015

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Dove,
My husband does have a background but not anything that is would cause him to lose his visitation (in my opinion). He has a few misdeminors, one of them is a drug charge from 5 years ago but the mother has 2 drug charges that are federal felonies. So I would think that if they are going to look at that then they would look at the mother's too. My husband has change A LOT since his charges but the mother is currently going through her drug charges and waiting to be sentenced. I have proof of a conversation with her of her not allowing his daughter to come visit us because of "xyz". It's not that she is standing in the way of their visitation agreement it is that she is not looking at the new circumstances that have happen with in the year and will not let us be a family with her unless it is under her terms which are 9 times out of 10 not fair.
We ended up talking to a lawyer who would do it for $1500 but I am scared to spend all of that money and get the same outcome in the end.

Dove - posted on 04/16/2015

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Unless the mother has solid evidence of him being neglectful, abusive, or using drugs... pretty good. A judge may look at how long it's been that he hasn't been involved and hold that against him... but maybe not. Does he have proof of attempting to visit the child and the mother standing in the way? That may help him.

The best thing he can do is to get a good lawyer and have them help him sort this all out.

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