ExpertLaw.com Forums

Is There a Statute of Limitations for Requesting Visitation

Printable View

  • 07-19-2013, 11:26 AM
    autysummymummy
    Is There a Statute of Limitations for Requesting Visitation
    My question involves a child custody case from the State of: California.

    Ok, here's my dilemma. My youngest daughter has no one on record as her father currently. Her father walked out on both of us 2 months into the pregnancy. I've basically been living in hiding since learning the man I was left to assume was her father isn't (her father had been declared as sterile because of his military service which also left him mentally unstable) and fear for our safety should he manage to find us. I do have another child from my marriage prior to the relationship that resulted in my almost 2 year old daughter. Since she was born, I have only heard from him one single time a month before her first birthday. I am concerned that his mental instability and knowledge and ownership of military weaponry will pose a significant threat to her safety and life should he find us, but also am aware of her rights as his daughter. Is there a limit as to how long he has to step up and request visitation or even to establish a relationship with her once it is documented that he is her father or will he always have that right? I do recieve welfare for her and child support is a requirement on their part, but since cooperating fully with them and providing all the information I could to help them locate him, also making them aware that I have been hiding from him because of his mental instability I don't believe they will be persuiong him for child support and aven't heard any more on that matter in about a year now. I would like for her to one day, much later down the line have the ability to have legal documentation to show who her father is. Basically, is there a way I can get it documented that he is her father without having to fight to have things stay how they are with no contact whatsoever from him. Sorry for the typos, this site is.t mobile phone friendly and it won't let me fix them.
  • 07-19-2013, 11:33 AM
    Antigone
    Re: Is There a Statute of Limitations for Requesting Visitation
    Quote:

    Quoting autysummymummy
    View Post
    My question involves a child custody case from the State of: California.

    Ok, here's my dilemma. My youngest daughter has no one on record as her father currently. Her father walked out on both of us 2 months into the pregnancy. I've basically been living in hiding since learning the man I was left to assume was her father isn't (her father had been declared as sterile because of his military service which also left him mentally unstable) and fear for our safety should he manage to find us. I do have another child from my marriage prior to the relationship that resulted in my almost 2 year old daughter. Since she was born, I have only heard from him one single time a month before her first birthday. I am concerned that his mental instability and knowledge and ownership of military weaponry will pose a significant threat to her safety and life should he find us, but also am aware of her rights as his daughter. Is there a limit as to how long he has to step up and request visitation or even to establish a relationship with her once it is documented that he is her father or will he always have that right? I do recieve welfare for her and child support is a requirement on their part, but since cooperating fully with them and providing all the information I could to help them locate him, also making them aware that I have been hiding from him because of his mental instability I don't believe they will be persuiong him for child support and aven't heard any more on that matter in about a year now. I would like for her to one day, much later down the line have the ability to have legal documentation to show who her father is. Basically, is there a way I can get it documented that he is her father without having to fight to have things stay how they are with no contact whatsoever from him. Sorry for the typos, this site is.t mobile phone friendly and it won't let me fix them.

    At this point the State does have this man listed as the child's father and the support you receive, he is being billed for and the State will collect from him. So is this man actually the child's father or just the man you think is her father? You do need to realize that support and visitation are two separate matters.
  • 07-19-2013, 11:50 AM
    autysummymummy
    Re: Is There a Statute of Limitations for Requesting Visitation
    No DNA test or declaration of paternity have been done, he is not listed as her father nor does he pay support. He is her father because he was the only man I was with when I actually got pregnant. I had been left to assume the other man who did submit to a DNA test and proved she isn't his because I'd the drs declaring her actual father to be sterile and unable to conceive a child. The mentally unstable veteran is herfather and I would Luke to keep him from being able to see her for her safety.
  • 07-19-2013, 11:51 AM
    Antigone
    Re: Is There a Statute of Limitations for Requesting Visitation
    Quote:

    Quoting autysummymummy
    View Post
    No DNA test or declaration of paternity have been done, he is not listed as her father nor does he pay support. He is her father because he was the only man I was with when I actually got pregnant. I had been left to assume the other man who did submit to a DNA test and proved she isn't his because I'd the drs declaring her actual father to be sterile and unable to conceive a child. The mentally unstable veteran is herfather and I would Luke to keep him from being able to see her for her safety.

    Until he files for paternity and visitation there isn't anything you can do.
  • 07-19-2013, 12:56 PM
    autysummymummy
    Re: Is There a Statute of Limitations for Requesting Visitation
    I don't want anything to change is what I'm getting at, I want to keep him out of her life! I am trying to figure out if there is a way to have him documented on record as her father but still keep things as they are with him not seeing her
  • 07-19-2013, 01:08 PM
    Antigone
    Re: Is There a Statute of Limitations for Requesting Visitation
    Quote:

    Quoting autysummymummy
    View Post
    I don't want anything to change is what I'm getting at, I want to keep him out of her life! I am trying to figure out if there is a way to have him documented on record as her father but still keep things as they are with him not seeing her

    The answer is NO. You cannot have your cake and eat it too.
  • 07-19-2013, 02:01 PM
    autysummymummy
    Re: Is There a Statute of Limitations for Requesting Visitation
    Are you a lawyer? Because I came on here seeking LEGAL ADVICE. Not some egotistical narcissist who isn't even using actual legal terms or quoting from any actual laws not actually understanding what it is that I want to know. I have my cake and its very delicious thank you! I could care less if he ever gets declared her father, but for the sake of her future knowledge is the only reason I'd want his name to have any sort of ties to her!
  • 07-19-2013, 02:06 PM
    Antigone
    Re: Is There a Statute of Limitations for Requesting Visitation
    Quote:

    Quoting autysummymummy
    View Post
    Are you a lawyer? Because I came on here seeking LEGAL ADVICE. Not some egotistical narcissist who isn't even using actual legal terms or quoting from any actual laws not actually understanding what it is that I want to know. I have my cake and its very delicious thank you! I could care less if he ever gets declared her father, but for the sake of her future knowledge is the only reason I'd want his name to have any sort of ties to her!


    You got accurate legal information. It is shameful to think that you signed up for this site and never even bother to read the terms of service. Not a very informed consumer, are you.:rolleyes:
  • 07-19-2013, 02:17 PM
    gator1
    Re: Is There a Statute of Limitations for Requesting Visitation
    Once this man is legally acknowledged as the father, and he seeks visitation, he will likely get it.

    And this is because of the constitutional rights parents have to their children and the legal presumption that continuing contact with both parents is in the child's best interests.

    So the legal burden of proof will be on YOU to establish the father is unfit to have access to his child, or that his access be restricted. While it can certainly be done if the facts warrant it, that is not an easy road, and will require an attorney.

    The "statute of limitations" on seeking court ordered visitation runs out once the child is legally an adult
  • 07-20-2013, 12:31 AM
    autysummymummy
    Re: Is There a Statute of Limitations for Requesting Visitation
    So, what you're saying then, would be that someone psychologically deemed to be mentally unstable and is trained to kill from several years of service in the military is still deemed to be suitable enough to be involved in a child's life when he's already been 100% absent for the first almost 2 years since the child in question is almost 2 and would require a lawyer to prove what's already documented? Being on welfare, it is a requirement that the 'absent' parent pay child support with few exceptions, one of which being the potential of a threat to the childa safety as is in this case. I have fully cooperated with the agencies in my area concerning that matter as well as informed them of his mental status and military training. It's been a year now since providing them all the information I had on him including his social security number and yet there has been no action as to even establishing paternity. I'd say its safe to assume that the county I live in agrees that he poses enough of a threat to .not peruse support for my child and I plan to continue hiding out from him to protect my child unless otherwise instructed by one I'd the local agencies here and continue to avoid locations known by me as ones he would frequent. Can't serve a person if you can't find them, right? And it worked out great since my divorce and name change took place well after he chose to abandon me so early into the pregnancy
  • 07-20-2013, 01:35 AM
    EA1070a
    Re: Is There a Statute of Limitations for Requesting Visitation
    Quote:

    Quoting autysummymummy
    View Post
    I don't want anything to change is what I'm getting at, I want to keep him out of her life! I am trying to figure out if there is a way to have him documented on record as her father but still keep things as they are with him not seeing her

    To what end? I'm very confused by your posts and don't quite understand what you're really asking.

    If you are receiving public assistance, there's a very high likelihood that the state will go after him to recoup some of the monies they've paid out to help support your child. Keep in mind, it can be a very slow process because of how overburdened CSE is. I have never heard of a support agency in a public assistance case declining to go after a potential obligor because the mother claims he's unstable.

    If / when they locate him, before a support order can be issued, they'll bring a paternity action. Once he is established as the legal father, he can file for visitation.

    Military service won't preclude him from obtaining visitation. If you can prove he poses an actual, real threat to your child then visitation may be supervised. But arguing that he is a trained killer because of military service is not going to cut it.

    If your question was can I get child support but cut him out of the child's life, the answer is no. This is where the having your cake / eating it comment comes into play.

    There is no statute of limitations on establishing visitation in California. In fact, paternity can be established 2 or 3 years beyond the age of majority. I don't remember the exact timeframe right now.

    If you want actual legal citations, you can read through the California Family Law Codes. http://www.leginfo.ca.gov/.html/fam_..._contents.html

    Since you're receiving public aid, any support case would be a Title IV-D case. You can get more information by searching that term + California.
  • 07-20-2013, 08:43 AM
    aardvarc
    Re: Is There a Statute of Limitations for Requesting Visitation
    Quote:

    Quoting autysummymummy
    View Post
    So, what you're saying then, would be that someone psychologically deemed to be mentally unstable and is trained to kill from several years of service in the military is still deemed to be suitable enough to be involved in a child's life

    Yes - that's what we're saying. Being mentally unstable in and of itself isn't a bar to exercising parental rights or spending time with his child (that's why we have things like spervised visitation). He's the man you CHOSE to make a baby with. WHY you chose someone psychologically unstable, neither we nor the courts may understand, but the courts assume that your choice was a good one until and unless there is substantial reason based on ACTUAL EVIDENCE, not "what ifs" or "might happen" for the court to intervene in his CONSTUTUTIONALLY protected rights regarding his child (assuming he ever attempts to exercise those rights - if he doesn't then you've nothing to worry about).


    Quote:

    and is trained to kill from several years of service in the military
    Even people with NO military training can and do kill people, every day.




    Quote:

    when he's already been 100% absent for the first almost 2 years since the child in question is almost 2 and would require a lawyer to prove what's already documented?
    Yes. Even if a parent has been absent, courts are perfectly willing to continue to encourage them to re-engage with their children, even a decade or more later.


    Quote:

    Being on welfare, it is a requirement that the 'absent' parent pay child support with few exceptions, one of which being the potential of a threat to the childa safety as is in this case.
    He's been absent. So if he hasn't been spending actual time with the child, then there haven't been any actual incident involving the child. Thus, the only threats so far are in your mind. The courts don't work on what MIGHT happen or what you fear may happen. They operate on what ACTUALLY has happened. If nothing has ACTUALLY happened, then yes, you can expect that he'd get full access to his child after a short period of supervised visitation.


    Quote:

    I have fully cooperated with the agencies in my area concerning that matter as well as informed them of his mental status
    You turned over medical records, notes from his therapy, what? They're not going to give weight to your non-medical opinion.



    Quote:

    and military training.
    People in the military frequently have military training. So?


    Quote:

    It's been a year now since providing them all the information I had on him including his social security number and yet there has been no action as to even establishing paternity.
    Have you actually gone down to the courthouse and filed a suit yourself? If he's not even established as the father, then he's not even in the ballpark of having any rights to enforce regarding the child - so why get yourself in a tizzy? If you're asking if you can stop him from filing something on his own, no, you can't. All you can do is fight anything he might try in the future - but you'll need MORE than just finger pointing and "what ifs".


    Quote:

    I'd say its safe to assume that the county I live in agrees that he poses enough of a threat to .not peruse support for my child
    No. Child support enforcement's job is going after money. It's the court's problem to sort out access to the child. Two separate processes with two separate entities.


    Quote:

    and I plan to continue hiding out from him to protect my child unless otherwise instructed by one I'd the local agencies here and continue to avoid locations known by me as ones he would frequent. Can't serve a person if you can't find them, right?
    Theoretically, yes. You'll be able to hide for probably some good amount of time. Forever? Dunno. And if child support enforcement ever finds him and establishes paternity, that IS going to open the door for him to seek to become an active part of the child's life, if that's what he wants to do.
All times are GMT -7. The time now is 11:24 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved