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View Full Version : Getting visitation for a child he hasn't seen for a year


Drakeysgirl
Aug 13, 2008, 10:12 PM
Hope someone has some advice... here goes:
My fiancée has a child who is just over a year old. Her mother (his ex) has not let him see this baby since she was 3 months old. First it started because he never had "enough" money to give her when he visited, then she was always "busy" and eventually he just gave up. He contacted her a few times afterwards to try and see his daughter, and she rudely blew him off and told him she didn't have time.

She took him to court for child support after lying to him and telling him she wanted him to "sign away his rights". (Which is not possible, we discovered)
DCS told us he could file for visitation with the support case, but as soon as he filed his paperwork they closed it. We are working to reopen it, but it looks like we have to pay to reopen the case and refile all the same papers as before.

The mother knows nothing of this. She finally agreed to let him see his child this coming weekend, but only if he comes alone, and doesn't bring a camera. She claims she will leave immediately if he brings anyone or tries to take pictures. She is also bringing someone, she claims for her and her child's "safety" even though my fiancée has never been threatening to her, verbally or physically, and they are meeting in a public place.

He wants to get his child every other weekend, and eventually more than that. She has said in the past he won't get visitation because ? I have no idea. He has no record or history of being abusive, is great with kids, has his own place, a job, etc. We live in Washington state.
My question is... should there be any trouble getting that visitation? Should we scrape up the money and hire a lawyer? After seeing the way she reacts, I'm afraid she may have mental issues, she just seems off the wall to me, but I know we would definitely need to get a lawyer to get full custody.
She also lives with her mom, but I have no idea if that would have anything to do with anything.

stinawords
Aug 13, 2008, 10:26 PM
We will always recomment a lawyer. This is because of the huge advantage they bring to the table. So as for the visitation, I don't see him getting everyother weekend... yet. Most judges will start with smaller visits of a couple hours with the mother present then a few hours a week with out her. This is so the child isn't just thrown into the care of the other parent it causes far less stress on the child. But I see no reason that after each of those periods pass that he couldn't get every other weekend and probably a little more too. But yes get your money together and reopen the case with a lawyer by your side and there should be no problems.

macksmom
Aug 14, 2008, 07:51 AM
As stated... a lawyer is always your best route in these cases, that way you can make sure all your bases are covered.

I agree too that he will not get visitation every other weekend right off the bat. The judge will most likely set up a graduated visitation schedule.
My daughters father went 2 years without seeing my daughter, when we ended up in court the judge ordered a graduated visitation schedule since my daughter really didn't know her father. He was allowed to see her a few hours a week, and I had to be there. After a few months of that the time increased, but I still had to be there. Then he was allowed to take her alone for a few hours, after a month or so of that, he was allowed to take her for the day... etc. etc... it eventually lead up to the regular every other weekend visitation... but it most certainly won't start that way.
After all, the adjustment of the child is the most important thing.

HighandDryinnNy
Aug 14, 2008, 08:15 AM
Regarding previous posts, he has not neglected the child willingly, he hasn't been allowed to see her.
He has parental rights just as much as she does.
She can not forbid him to see her by any means, unless there was prior abuse/neglect, which she should have proof for.
Do you still have those papers he attempted to file? Does he have credit card statements or receipts showing he purchased necessary items for the child? Cell/landline bills showing he tried to contact her?
Gather as much info as you can proving that he has done most everything in his power to see the child
Be prepared for Child Protective Services to come inspect your house. (The mother may try to make false claims)\
Additionally, I would recommend he not go alone.She can bring someone, but he cant? BS. Something seems fishy about her specific demands - I would bring 2 people with me to maintain both my child's safety and mine as well (legally and physically 3:2 in your favor)
Preferably one of the people be some type of authority figure, as I have a bad feeling as to why she wouldn't want him to bring a camera
Get that lawyer and be prepared for a messy court case. I am sorry for this child to think that she is going to grow up with a parent who degrades the other, leading to long term issues for her down the road.
I wish you the best of luck, let us know how this goes

macksmom
Aug 14, 2008, 03:13 PM
regarding previous posts, he has not neglected the child willingly, he hasnt been allowed to see her.
he has parental rights just as much as she does.
she can not forbid him to see her by any means, unless there was prior abuse/neglect, which she should have proof for.


Actually since there is no court ordered visitation... yes, the mother can refuse visits. The OP stated, in case you missed it, that they were going to file for visitation but for one reason or another, that didn't go through. I am assuming the father wasn't married to the mother of the child otherwise all of this would have already been handled through the divorce.

So until he files and receives a visitation order through the court he isn't "entitled" to anything.

I know it sucks... but that's the way it works.

Yes, technically he does have "parental rights just as much as she does" but he has to act on them by filing for visitation. Until then, the mother can refuse visits because by law, she is not required to allow them.

And again, once visitation is filed, I can almost say with 100% certainty that it will NOT be immediately every other weekend. If the child is a teenager, or of the age where they can understand what's going on... then maybe, but it doesn't matter who's fault it is... the mothers or fathers... as to why the child hasn't seen their father... the fact is, they haven't seen them in over a year. So if the child is young, there has been a severe lapse in the parent-child relationship which needs to be re-established slowly for the sake of the child.