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Non-Custodial Mother Hasn't Used Her Visitation

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  • 11-10-2012, 10:12 PM
    poohbrit88
    Non-Custodial Mother Hasn't Used Her Visitation
    My question involves a child custody case from the State of: florida

    my husbands ex and mother of the two chilren involved was baker acted and tested positive for drugs. she was let out of the mental health facility and dcf had a hearing granting us temporary custody until the next hearing. the court granted bio mom supervised visitation during this time however she has not made any attempt to see or speak to children. According to our case manager she is going to reccomend that bio mom no longer has contact with kids .. my question is at what point wil this be considered abandonment. or if they judge takes the case managers consideration and takes away visitation do that strip her of her rights as well or no? if not will it make it easier for me to adopt in the long run? I wish to adopt both kids but bio mom wont sign rights over willingly. what proof do we ned to present at the next hearing to proe her misuse of visitation?
  • 11-10-2012, 10:34 PM
    Dogmatique
    Re: Non-Custodial Mother Hasn't Used Her Visitation
    Please explain "misuse of visitation"
  • 11-10-2012, 11:21 PM
    aardvarc
    Re: Non-Custodial Mother Hasn't Used Her Visitation
    And how long has it been since the last visitation, or attempt at visitation, by mom?
  • 11-10-2012, 11:47 PM
    poohbrit88
    Re: Non-Custodial Mother Hasn't Used Her Visitation
    hasnt used it at all.. in the court oder it stated the first visitation had to be within the first 72 hrs.. we offered to have her see them that evening and she said she couldnt make it because she couldnt get her car back from her parents.. we called herparents who are very honest with us and they said she did have it and in fact needed it to go to some " court appointed apts.. " at 5 o'clock at night .. and we know for a fact that she lied because she hasnt gotting her treatment plan yet.
  • 11-10-2012, 11:50 PM
    Dogmatique
    Re: Non-Custodial Mother Hasn't Used Her Visitation
    Okay.

    Visitation is her right, not her obligation. She hasn't misused anything in that sense.

    Again though, we need to know how long it's been since Mom had contact. To answer one of your other questions, no - removing visitation does NOT terminate her parental rights. It takes an awful lot for the court to do that, and you may just find that the court will give her at least one more chance to straighten up.
  • 11-10-2012, 11:51 PM
    poohbrit88
    Re: Non-Custodial Mother Hasn't Used Her Visitation
    its been 3 weeks now since she has seen them. she has called and text to yell at us about how shes mad we wont let her druggie husband see them. the judge left that decision up to us and we dont trust him hes a 8 time felony with domestic violence history and drug abuse.. but hasnt asked for a time to see or to talk to them.. she even missed onw of their kids birthdays.. eveyone in her family called us to say happy birthday execpt her.
  • 11-11-2012, 01:24 AM
    Dogmatique
    Re: Non-Custodial Mother Hasn't Used Her Visitation
    I want you to type out word for word what Dad's order says about the husband (minus identifying information).

    3 weeks is nowhere close to Dad being able to claim "abandonment".
  • 11-11-2012, 01:38 AM
    poohbrit88
    Re: Non-Custodial Mother Hasn't Used Her Visitation
    i dont have it with me but it said somethin glike supervised visitation with father or approved family member if father ok it..meanig likeif we felt comfortable she could see them at her sisters house for dinner if we request to have them aproved. but right now we requested visitation to be at our house or with us until we can gain a lil more trust back. it said visitation is limited only to the mother and no other family members.. from what our case manager explained to us.. we only hae to provide kids for visitation with mom and not her family including her husband. we dont want to exclude her family. since the hearing the kids have spent a weekend with her sister and brother in law and seen her parents and mom other siblings. mom has not had contact with anyonre from her family.. she is mad they baker acted her no one knows where mom is living
  • 11-11-2012, 01:44 AM
    Dogmatique
    Re: Non-Custodial Mother Hasn't Used Her Visitation
    There's a reason I asked about specific wording.

    The last thing Dad wants is to be held in contempt for misunderstanding the actual order.
  • 11-11-2012, 02:04 AM
    poohbrit88
    Re: Non-Custodial Mother Hasn't Used Her Visitation
    forgot i had it in an email.. visitation shall be as follows the first visit with in 72 hrs of place ment supervised by the department or its designee

    under that it says if the parent fails to substainally comply with case plan, their paental rights may be terminated and the childrens placement will be permanent
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