WE share legal rights to my 3 yr old son. He also is suppose to get visits 2 times a week. He has been gone since jan. Ive filled with the court to take away legal rights. As what sense is it he gets legal rights when he is over a thousand miles away. He hasn't seen him since jan as well. Ive filled to take away visits and to get FULL custody. Why has the court not granted it yet? They tried to send him papers and his mom sent it back to the court. What will happen if they can not get him the papers that says I filled to do this.

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Originally Posted by vtgirl0810

WE share legal rights to my 3 yr old son. He also is supose to get visits 2 times a week. He has been gone since jan. Ive filled with the court to take away legal rights. As what sence is it he gets legal rights when he is over a thousand miles away. He hasnt seen him since jan as well. Ive filled to take away visits n to get FULL custody. why has the court not granted it yet? They tryed to send him papers n his mom sent it back to the court. what will happen if they can not get him the papers that says i filled to do this.

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He is the child's legal father - he has rights, even if he chooses not to exercise them. It may not be viewed as "sensical" but it's the law.

The courts are hesitant to strip a parent, man or woman, of their rights unless they are a harm to their child.

The court won't have a hearing, especially one of this importance, without ensuring that both parties have been notified. You need to obtain service; if you cannot do so, then the hearing will be cancelled and/or your motion will be dismissed.

Can I ask, why are you trying to strip his rights if he is so far away and not choosing to exercise them in the first place?

Cuzz he has been in and of his kids life since he was born. He has caused emotional harm to him my son goes round telling me daddy hates me why doesn't dad want too see me and he starts crying. His dad doesn't even try to contact him. There's a court order he gets visits in which I sit around every week wondering if he is ganna show up out of no were. Its happened in the past. He has never paid a cent of his child support eaither. I have proof he doesn't want what's best for his kid. I have emails he has sent were he says he wants his kid out in snow when its snowing bad or else he was ganna call the cops on me. I have a no truss pass. I have emails were he says he will get his visit even if he gets arrested for showing up at my house... He has other kids with other women and have repeated the same pattern with them as well

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Originally Posted by vtgirl0810

Cuzz he has been in and of his kids life since he was born. he has caused emotional harm to him my son goes round telling me daddy hates me why dosnt dad want too see me n he starts crying. His dad dosnt even try to contact him. Theres a court order he gets visits in which i sit around every week wondering if he is ganna show up out of no were. its happend in the past. He has never paid a cent of his child support eaither. I have proof he dosnt want whats best for his kid. I have emails he has sent were he says he wants his kid out in snow when its snowing bad or else he was ganna call the cops on me. I have a no truss pass. I have emails were he says he will get his visit even if he gets arrested for showing up at my house... He has other kids with other women and have repeated the same pattern with them as well

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I'm really confused at this point. First you say his dad doesn't try to contact him; then you say his dad e-mails you saying he WILL get his visitation "even if he gets arrested for showing up at [your] house." So which is it - he tries or he doesn't try?

For a 3-year-old toddler to be saying things like, "My dad hates me" is very concerning for me. A child that age does not come up with a concept like that on their own; that is told to them. Who is badmouthing his father and being a bad example?

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Originally Posted by vtgirl0810

... he says he will get his visit even if he gets arrested for showing up at my house...

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This is a clue here. It appears that you have made it clear, to your child's father, that he is not welcome, and in fact will be arrested if he shows up. No wonder he has not visited since January.