Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Jul 2014
    Posts
    5

    Default Denying Visitation Based on Past Bad Conduct

    My question involves a child custody case from the State of: Michigan. My daughter's mom has been absent from her life for over 2 years. She has been living with me. I have temporary custody of her. Well just lately her mom has been calling and wants to see her. I haven't let her bc she use to be bad in drugs but she claims shes doing good now well she's threatening me with court saying she's going to take me to get hoint custody and visitation. How should i handle this and if we went to court what would happen?

  2. #2
    Join Date
    Feb 2011
    Posts
    576

    Default Re: Absent Mother

    If you were not married to mom, do you have a court order establishing your rights as a father?

    How did you obtain temporary custody, and what are the terms of any temporary custody ORDER you may have?

    Unless a court order says otherwise, you do NOT likely have a legal right to deny the mother access and visitation with her child.

  3. #3
    Join Date
    Jul 2014
    Posts
    5

    Default Re: Absent Mother

    Quote Quoting tex11
    View Post
    If you were not married to mom, do you have a court order establishing your rights as a father?

    How did you obtain temporary custody, and what are the terms of any temporary custody ORDER you may have?

    Unless a court order says otherwise, you do NOT likely have a legal right to deny the mother access and visitation with her child.
    The court gave me temporary full custody due to her mom neglecting her. I have been establish the father by courts.

    - - - Updated - - -

    The court order says i have custody until further action is taken and that she should be in my care and has not lived with her mother

  4. #4
    Join Date
    Feb 2011
    Location
    Virginia
    Posts
    604

    Default Re: Absent Mother

    Quote Quoting tex11
    View Post
    Unless a court order says otherwise, you do NOT likely have a legal right to deny the mother access and visitation with her child.
    Unless the court order granting the OP custody specifically spells out visitation terms for the mother, OP has every right to deny her access. He is only required to allow her what the order specifies.

    Since she hasn't seen the child in two years, a reintroduction period with a step up plan and possibly even supervised visitation to start with seem appropriate. Much depends on the age of the child for those details. Also, some judges are more open than others to drug testing. If you have some kind of proof of drug use, that would be helpful.

    An attorney who knows your judge and can help you sort the details is probably a good idea.

  5. #5
    Join Date
    Jul 2011
    Posts
    244

    Default Re: Absent Mother

    So the court did this, or you filed for custody and brought moms issues to the courts attention?

    Word for word without names, what does your court order state regarding visitation for mom? Custody and visitation are 2 separate issues, even so I highly doubt your order says that the child should be in your care.

    If there is nothing in your order on parenting time for mom, then you don't have to agree to her seeing the child. However prepare for mom filing with the court. Mi courts are big on a child needing both parents, and they give parenting time in some form, even with extended long periods of no contact. Read Fatherwhowon's post, because if this ends up in court that is what you ask for. Understand though the court may not require a step up plan or drug testing, much depends on the past details on mom and that the court was aware of them.

    Just understand that if this goes to court, Mi has FOC, Ref's and Judges. FOC and Ref's only make recommendations, only Judges make orders. You have the right to object to recommedations and see the Judge for a ruling. If you don't object to recommendations it goes to the Judge who makes it an order. Find out through your court the process and time frame to object prior to going to court, each county can be a bit different on this.

  6. #6
    Join Date
    Jul 2014
    Posts
    5

    Default Re: Denying Visitation Based on Past Bad Conduct

    The court granted me custody bc the mother left her with a babtsitter for days without anyone knowing where she was. So they gave me custody right away for the safety of the kid. She has a really bad record. She has been in rehab plenty of times but never completed any also the last year she was arrested for being part of a drug house. The custody arrangement says nothing about parenting time with the mother... i just went down to courts to file for permanent full custody. She says shes going to fight to get visitation. Should i seek a lawyer? How high of a chance will the judge give her visitation rights. She also has 2 other kids by other people but she also never sees them. She's just trying for my daughter bc she doesnt like ir that my soon to be wife has be an active role in her life.

  7. #7
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Denying Visitation Based on Past Bad Conduct

    Quote Quoting Gonzalez5
    View Post
    The court granted me custody bc the mother left her with a babtsitter for days without anyone knowing where she was. So they gave me custody right away for the safety of the kid. She has a really bad record. She has been in rehab plenty of times but never completed any also the last year she was arrested for being part of a drug house. The custody arrangement says nothing about parenting time with the mother... i just went down to courts to file for permanent full custody. She says shes going to fight to get visitation. Should i seek a lawyer? How high of a chance will the judge give her visitation rights. She also has 2 other kids by other people but she also never sees them. She's just trying for my daughter bc she doesnt like ir that my soon to be wife has be an active role in her life.
    She will get some form of visitation if she asks for it. It might end up being supervised visitation, but she will get something.

  8. #8
    Join Date
    Jul 2011
    Posts
    244

    Default Re: Denying Visitation Based on Past Bad Conduct

    Quote Quoting Gonzalez5
    View Post
    The court granted me custody bc the mother left her with a babtsitter for days without anyone knowing where she was. So they gave me custody right away for the safety of the kid. She has a really bad record. She has been in rehab plenty of times but never completed any also the last year she was arrested for being part of a drug house. The custody arrangement says nothing about parenting time with the mother... i just went down to courts to file for permanent full custody. She says shes going to fight to get visitation. Should i seek a lawyer? How high of a chance will the judge give her visitation rights. She also has 2 other kids by other people but she also never sees them. She's just trying for my daughter bc she doesnt like ir that my soon to be wife has be an active role in her life.
    If this was my case and knowing a few courts in Mi very well, I would get a lawyer. Much of it depends on the exact details of the case. When you got custody, did you file after finding out the child was left with the sitter for days, or did CPS become involved. Her really bad record is going to depend on convictions, how many, what for. Rehab was it ordered by the court or did she enter rehab on her own. The arrest last year, was she actually charged and convicted. Age of the child could matter. These are things that need to be questioned, answered and brought to the courts attention with a lawyer.

    You possibly have a lot, but keep in mind she can still get visitation. You want to check with your lawyer, depending on those above details and maybe more on getting that parenting time with precautions. There is therapeutic supervised parenting time, there is just supervised parenting time with either a facility or a regular person. Possible to get drug testing on a regular basis. Graduated supervised parenting time could happen. Lots of things, all depends on the details and even then it is often hard to get this done yourself.

    She could have 10 kids with 10 different fathers, but that is not what you would focus on in court, your focus would be that she has other children she also has no contact with. She could have entered rehab 50 times and left before completed, if the court didn't order that rehab, it won't count as much. Things like this, really only a lawyer should deal with.

    I always recommend anything with some complications in Mi should be done with a lawyer. There is just to much to the system with FOC, Refs and Judges, it confuses people and they often lose their own cases because they don't get the process and each of these sections in Mi.

  9. #9
    Join Date
    Jul 2014
    Posts
    5

    Default Re: Denying Visitation Based on Past Bad Conduct

    Should i just get a court appointed lawyer or find one? Im just scared for my daughter she is six so nows a lot what is going on and she is terrified by her mom she crys to us saying she doesnt want to see her and i let her go over her grandmas and she let her ce over there to see my daughter and every since then she started peeing her pants ago. I just want to make sure I take every route and action i can

  10. #10
    Join Date
    Jul 2011
    Posts
    244

    Default Re: Denying Visitation Based on Past Bad Conduct

    Quote Quoting Gonzalez5
    View Post
    Should i just get a court appointed lawyer or find one? Im just scared for my daughter she is six so nows a lot what is going on and she is terrified by her mom she crys to us saying she doesnt want to see her and i let her go over her grandmas and she let her ce over there to see my daughter and every since then she started peeing her pants ago. I just want to make sure I take every route and action i can
    As far as I know you can't get a court appointed lawyer for this in Mi, criminal cases only, I could be wrong. Possible once this is in court to get a GAL for the child, which is a lawyer for the child only to make sure her best interests are protected, but I believe often the costs for the GAL are assigned to the parents, but not sure on that either. You should get her in therapy on your own, but as I said before, you can ask for that in a reintroduction parenting plan for mom to. I know of one case where that was ordered and in that county, the court paid for the therapeutic reintroduction.

    If costs for a lawyer are an issue(they are for most people), there are plenty of lawyers that once a retainer is paid will work out a payment plan in Michigan. Something you want to ask upfront when you go meet with any lawyers to check them out. My other suggestion before actually hiring a lawyer, is to go watch them in family court on some of their other cases, really gives a good picture of who you are hiring. Many lawyers do free first time consultations.

    You said you already filed, did you get a hearing date?

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Custody and Visitation Issues: Mother Denying Visitation with Dad
    By Robertsoncm in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 08-26-2011, 07:56 AM
  2. Mom Denying Visitation
    By dgribble in forum Child Custody, Support and Visitation
    Replies: 14
    Last Post: 04-11-2011, 07:27 PM
  3. Contempt for Denying Mom Visitation
    By malayaf2 in forum Child Custody, Support and Visitation
    Replies: 9
    Last Post: 03-30-2011, 12:50 PM
  4. Parent Denying Visitation
    By sunshine09 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 08-25-2009, 08:29 AM
  5. Health Insurance: Company Denying Insurance Based on Spouse's Coverage
    By Wendee in forum Insurance Law
    Replies: 3
    Last Post: 12-28-2008, 01:25 PM
 
 
Sponsored Links

Legal Help, Information and Resources