How Does Visitation Work if the Non-Custodial Parent is in the Military
My question involves a child custody case from the State of: Ohio.
My son's father has served me papers to be seen in court for visitation rights stating that I do not allow him to see our almost 2 year old son. I don't withhold our son - I just won't let his father take him on his own since he has barely seen our son. (Total of MAYBE 15 hours his whole life. And he was absent and denying our son the first year.)
I do have a consultation with a lawyer soon but I want to be prepared. What exactly takes place at a hearing? How will visitation work with him being in the navy 800 miles away? He will be on a submarine for some of the time during the remaining 4/6 years of his contract. Can he take him out of state?
Also; he has previously brought up circumcising our child. Can he do that without my consent?
Thanks in advance!
- A very worried mom, Jess.
Re: How Does Visitation Work if the Non-Custodial Parent is in the Military
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Jd15
My question involves a child custody case from the State of: Ohio.
My son's father has served me papers to be seen in court for visitation rights stating that I do not allow him to see our almost 2 year old son. I don't withhold our son - I just won't let his father take him on his own since he has barely seen our son. (Total of MAYBE 15 hours his whole life. And he was absent and denying our son the first year.)
I do have a consultation with a lawyer soon but I want to be prepared. What exactly takes place at a hearing? How will visitation work with him being in the navy 800 miles away? He will be on a submarine for some of the time during the remaining 4/6 years of his contract. Can he take him out of state?
Also; he has previously brought up circumcising our child. Can he do that without my consent?
Thanks in advance!
- A very worried mom, Jess.
If he is the child's father, he will stand equal in court with you for custody/companionship with his child. He will most likely be able to take his child out of state -- if not immediately, then soon. As for circumcision, he may not need your consent to have it done. You should expect that he may very well be granted shared parenting of some type including joint decision making. And a court could see that you are withholding your son if you have denied dad the opportunity to take his child out of your sight at all.
Re: How Does Visitation Work if the Non-Custodial Parent is in the Military
Quote:
Quoting
Jd15
My question involves a child custody case from the State of: Ohio.
My son's father has served me papers to be seen in court for visitation rights stating that I do not allow him to see our almost 2 year old son. I don't withhold our son - I just won't let his father take him on his own since he has barely seen our son. (Total of MAYBE 15 hours his whole life. And he was absent and denying our son the first year.)
I do have a consultation with a lawyer soon but I want to be prepared. What exactly takes place at a hearing? How will visitation work with him being in the navy 800 miles away? He will be on a submarine for some of the time during the remaining 4/6 years of his contract. Can he take him out of state?
Also; he has previously brought up circumcising our child. Can he do that without my consent?
Thanks in advance!
- A very worried mom, Jess.
What is likely to happen is that dad will have to visit in your community for a period of time, on as consistent a basis as is possible with his career. However, eventually, and it will be sooner than you like, dad will get visitation in his own community.
I do not know why the previous poster would suggest that dad might be able to get the child circumcised without your consent, but I would suggest that you address that with the attorney that you hire.
Re: How Does Visitation Work if the Non-Custodial Parent is in the Military
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llworking
What is likely to happen is that dad will have to visit in your community for a period of time, on as consistent a basis as is possible with his career. However, eventually, and it will be sooner than you like, dad will get visitation in his own community.
I do not know why the previous poster would suggest that dad might be able to get the child circumcised without your consent, but I would suggest that you address that with the attorney that you hire.
Why do you believe one parent needs to the consent of the other to have a circumcision performed? Has mom needed dad's permission for anything? Do you think mom would need dad's consent? Dad could get joint decision making. He could also get the court's permission to have his son circumsized. You don't know why I would state something but you probably also don't know that I am an attorney in the OP's state.
Re: How Does Visitation Work if the Non-Custodial Parent is in the Military
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Ohiogal
Why do you believe one parent needs to the consent of the other to have a circumcision performed? Has mom needed dad's permission for anything? Do you think mom would need dad's consent? Dad could get joint decision making. He could also get the court's permission to have his son circumsized. You don't know why I would state something but you probably also don't know that I am an attorney in the OP's state.
Yes, I do know that you are an attorney. I also know that mom currently has sole custody by default, so she would not currently needs dad's consent for medical procedures. Medical providers would routinely circumcise a child at the hospital if only the mother is present at the birth. They would be far less likely to agree to circumcise an older infant or child without at least questioning the wishes of the other parent. Circumcision is one of those somewhat controversial medical decisions. The practice is not controversial, the decision to do it or not sometimes is. Medical providers are sensitive to that issue.
Re: How Does Visitation Work if the Non-Custodial Parent is in the Military
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llworking
Yes, I do know that you are an attorney. I also know that mom currently has sole custody by default, so she would not currently needs dad's consent for medical procedures. Medical providers would routinely circumcise a child at the hospital if only the mother is present at the birth. They would be far less likely to agree to circumcise an older infant or child without at least questioning the wishes of the other parent. Circumcision is one of those somewhat controversial medical decisions. The practice is not controversial, the decision to do it or not sometimes is. Medical providers are sensitive to that issue.
You are totally missing the point. Dad has filed. The practice of circumcision actually is controversial to a lot of people and even some doctors state is not necessary. It is possible that dad could get a court order allowing him to have his son circumsized. Furthermore, if he gets joint legal custody or primary custody he wouldn't need mother's consent. Therefore he could possibly have his child circumsized without mother's consent. It is a possibility which was the point of my answer.
In addition, mom and dad stand equal before the court at this point.
Re: How Does Visitation Work if the Non-Custodial Parent is in the Military
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Ohiogal
You are totally missing the point. Dad has filed. The practice of circumcision actually is controversial to a lot of people and even some doctors state is not necessary. It is possible that dad could get a court order allowing him to have his son circumsized. Furthermore, if he gets joint legal custody or primary custody he wouldn't need mother's consent. Therefore he could possibly have his child circumsized without mother's consent. It is a possibility which was the point of my answer.
In addition, mom and dad stand equal before the court at this point.
I am not missing your point. I do think that you are missing mine. Dad could get a court order allowing him to get the child circumcised without mom's agreement. Dad could simply attempt to do so without mom's agreement. My point is that I believe that dad would have a hard time finding a medical professional who would agree to do it without mom's agreement, maybe even with the court order.
Its kind of like a prenatal paternity test. A potential father might be able to find a judge somewhere that might order one, but he would be hard pressed to find a medical professional who would agree to perform one unless an amnio test was already going to happen.
Re: How Does Visitation Work if the Non-Custodial Parent is in the Military
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llworking
I am not missing your point. I do think that you are missing mine. Dad could get a court order allowing him to get the child circumcised without mom's agreement. Dad could simply attempt to do so without mom's agreement. My point is that I believe that dad would have a hard time finding a medical professional who would agree to do it without mom's agreement, maybe even with the court order.
Its kind of like a prenatal paternity test. A potential father might be able to find a judge somewhere that might order one, but he would be hard pressed to find a medical professional who would agree to perform one unless an amnio test was already going to happen.
YOu don't keep up with current events do you? Yes a judge would order it and yes a doctor would perform one if the legal custodian wanted it done. Mom doesn't NEED to agree. That is FACT. Nor does she need to consent if dad has a court order or legal custody.
Re: How Does Visitation Work if the Non-Custodial Parent is in the Military
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Quoting
Ohiogal
YOu don't keep up with current events do you? Yes a judge would order it and yes a doctor would perform one if the legal custodian wanted it done. Mom doesn't NEED to agree. That is FACT. Nor does she need to consent if dad has a court order or legal custody.
I see, so if mom and dad have joint legal custody and 15 year old daughter wants a boob job, mom doesn't need dad's consent to allow it to happen? Or vice-versa? I do not think that the laws have changed that much.
Re: How Does Visitation Work if the Non-Custodial Parent is in the Military
I would raise hell if my child came home with a bit missing - no matter HOW much of a "bit" it actually is.
However, from a quick scan of how the US treats such things most states require only one parent's consent.
What this Mom needs to do is explicitly state her objection. This doesn't mean it won't happen but there are many, many physicians who won't do it without having consent from both.
She can also go to court and request an injunction - that's probably her best move actually.