View Full Version : Visitation problems
Mags_mom
Jan 2, 2012, 06:36 AM
My child's father called out of the blue yesterday demanding visitation after 2 years of silence. They have not seen each other in 9 years because he could not be bothered. He is wanting to pick her up and just take her across state lines for two weeks. What can I do to stop this? I don't mind the phone calls and getting to know each other but I do NOT think it is a good idea for her to go to another state. I even suggested that I stay in a motel in the same town during the visitation and he became very dismissive. Can I legally prevent this from happening?
cdad
Jan 2, 2012, 07:17 AM
Are there already court orders in place stating what visitation is like? Does this fall within the boundries?
If it is outside an exsiting order then you don't have to allow it. If it is within the boundries of a current order then you would have to go to court to get an emergency order to prevent it with your reasons stating as to why it shouldn't be allowed. Your motion can still be denied its not an automatic thing.
ScottGem
Jan 2, 2012, 07:17 AM
Does he have a visitation order in place? If he does, does it specify the amount and frequency?
But my opinion is that, even if he does, having not been in contact for 2 years allows you to withhold visitation until a court can rule. I would definitely not allow the child to be taken out of state without a court ruling.
You don't say how old she is or what state you are in (any question on law needs to know general locale). But I assume she is at least 10.
So I would say to him, that he is welcome to visit her at a time and place of your choosing. But if he wants anything more we can discuss it in front of a judge.
Fr_Chuck
Jan 2, 2012, 08:37 AM
If they have not seen each other in 9 years, I would just say no, and go and file a motion in court ( assuming there is a court order) to modify the order to allow only supervised visits till the child gets to know the father again.
So he demands, and you say no, that is how it happens,
The fact he does not want you around is very scary, I would never agree.