[yoursonlymine]

OK the set up is she didn't let me sighn the birth cert. at the hospital. So I had now rights. I went to the probate court and filed emotion to establish perternity. Came back pos then I when to court to get vistation rights. And got those. It set up to be twice a week 5hrs a day to be arranged by us. 1 day out of the month to be at my house.now I got this motion in the mail from her saying she filed to terminate my visitation rights because I only been there 4 times in the course of 4 months and that the child should not have to wait for father. My daughter is only 11 months. So here is the ? Can the courts terminate my visitation based on this? Also I called d.o.r to findout my court date for child support and they said it could take three months for one. Thank you I'm glad I found this site.

[ScottGem]

You went to "probate court"? Probate court is for wills and estates, not families. Did you mean Family court? If you are going to deal with the court systems you need to be accurate in your wording. You file a motion not an emotion and it's a paternity test. Normally I don't correct things like that, but you need to be careful when dealing with the courts.

Now to your question. If you won visitation rights but have not followed through on what you have won, the court may terminate the rights or, at least modify them. Fighting for and winning visitation, then not following through makes it look like YOU were using the court system for revenge, not her. She will come across as protecting her daughter against disappointment from missed visitation.

[yoursonlymine]

Yes I went to a family probate court,and yes your answer was very helpful. It gives me a better and different view on things going into court the 10th. Another thing you got to take into account is that I have no set schedule for my visits. I have to give her 24 hrs notice of when I am available so there is no disappointment if there is no notice.this was also agreed by her and the judge approved of this arrangement.

[ScottGem]

I have never heard of family probate court. Probate is a legal procedure for settling the affairs of an individual who has died (the "decedent") and for transferring the decedent's property to the rightful beneficiaries. The probate court may be part of the Family court system in your area, but probate only deals with wills and estates.

In your original post you stated that visitation was twice a week, 5 hrs a day. If you have only seen your child 4 times in 4 months, then you are missing 35 visits (2x/wk is 8x/month, that means 7 missed visits per month or 35 over the course of 4 months). Granted at 11 month the kid doesn't know the difference. But as she gets older, she will know daddy is supposed to see her twice a week and if daddy only sees her once a month there will be disappointment.

[s_cianci]

It's not likely that the court would terminate your rights. But be prepared to explain why you didn't stick to the original visitation agreement. If you can't convince the judge that you'll stick to it in the future then be prepared for the possibility that your vbisitation will be reduced.

[yoursonlymine]

Thanks for your input I appreciate it.