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krisguglielmo · Feb 12, 2012, 03:26 PM

My sons "father" hasent excercised visitation for 6 yrs and now he's in jail so when he gets out it will be 7 yrs h e owes me over 8,000 in support. Can I have his rights revoked? My son is 12 and wants nothing to do with him. His family is threatening making him exercise his visitation rights when he gets out.

krisguglielmo · Feb 12, 2012, 03:27 PM

We are from ny

Fr_Chuck · Feb 12, 2012, 04:21 PM

No, merely not visiting or being behind in child support is not enough reason to take away his rights. You can fight to have his visits restricted, you can fight to only allow him to have supervised visits. You may try to force him to get counseling first before he can visit.

ScottGem · Feb 12, 2012, 04:36 PM

Please review this sticky note: https://www.askmehelpdesk.com/family...st-116098.html

If and when he applies for visitation you can argue that his criminal record and lack of prior visitation is enough to cancel any visitation rights.

However, the issue doesn't appear to be him. You said; " His family is threatening making him exercise his visitation rights when he gets out.". So why not allow his family visits? If you let them spend some time with THEIR relative. They may not push him getting visitation.

krisguglielmo · Feb 12, 2012, 04:41 PM

Thanks chuck. His family is just as inconsistent and unfit as him so that won't work. My son doesn't want anything to do with him due to what he remembers at age 5 when he used to visit. When he speaks to the law guardian won't that have a lot of weight his feelings?

ScottGem · Feb 12, 2012, 05:22 PM

Yes it should, but the courts will still not do anything until he actually applies for visitation.

krisguglielmo · Feb 12, 2012, 05:24 PM

Thanks scott

Fr_Chuck · Feb 12, 2012, 05:34 PM

Yes, we all wish we could tell you it could take his rights away, since we all understand that he has never wanted to have contact, and that his criminal prison time is not a good influence on the child.

The fact the child does not want contact is going to be very helpful and what he says in court will be taken into consideration. But if and when he applies for visits, you should get an attorney to represent you in court.

krisguglielmo · Feb 12, 2012, 05:36 PM

Thanks so much for the advice chuck I appreciate it.