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    megell's Avatar
    megell Posts: 1, Reputation: 1
    New Member
     
    #1

    Sep 14, 2007, 07:00 AM
    Safety of my children
    I have a situation, The biological father of my children hasn't had any contact with them in 5 years. Now he is taking me to court because he wants visitations. But he pays child support and has been paying for 4 years. What would be your opinion do I have a fighting chance at winning so he doesn't get visitations?
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #2

    Sep 14, 2007, 07:05 AM
    WHY don't you want the children's father to have contact with them?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #3

    Sep 14, 2007, 07:08 AM
    Quote Originally Posted by megell
    do I have a fighting chance at winning so he doesn't get visitations??
    Hello meg:

    You say SAFETY in your heading, but nowhere in your post do you say that he is dangerous... So, I think you just don't want him to see his children.

    If, he's not dangerous to your children, you're not going to stop him. If he IS dangerous, you're going to have to prove than in court.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Sep 14, 2007, 07:59 AM
    Quote Originally Posted by megell
    What would be your opinion do I have a fighting chance at winning so he doesn't get visitations??
    Umm we aren't mind readers. You ask our opinion but gives us nothing about what you are basing your fight on.

    Unless you can prove he represents a danger to your kids, I dobut if you can stop it. Even if you can prove, it he masy still get supervised visitation depending on the circumstances.
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #5

    Sep 14, 2007, 08:25 AM
    Yup, I of course agree with the above posting... you haven't said why it is in your children "safety" to not see their father.

    Paying child support shows "interest" in the eyes of the court, regardless if he hasn't acted on his parental right to see the children.

    Unless you have proof that he is a danger to your children the court will order visitation.

    Now... that said... no judge in their right mind would say "ok so you haven't seen your children in 5 years, but they are going to spend every other weekend with you"

    When my daughters father went a period without seeing my daughter and we ended up in court as well, the judge ordered a "graduated visitation schedule" the judge recongnized that although he was the father, my daughter didn't know him. She needed to get to know him as her father, and feel safe with him, before staying with him unsupervised.

    Our visitation schedule went something like this...

    He was allowed to visit with her at a neutral location once a week for 2 hours, and I had to be present... we did that for about a month.

    Then he was allowed to see her 2 times a week for 2 hours and I had to be present, and we did that for awhile.

    Then he was allowed to take her alone for 3 hours once a week, and we did that for awhile.

    Then he was allowed to take her for 8 hours once a week... etc etc

    We built up to her staying long periods with him, to make sure she felt safe.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #6

    Sep 16, 2007, 09:21 AM
    I doubt it. If you can give reasonable evidence that him visiting them will endanger them then you can ask for supervised visitation and probably get it, but if he's been paying child support faithfully for the majority of the time it's not likely that any judge will deny him visitation.

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