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  1. #1
    Join Date
    Aug 2008
    Posts
    4

    Default Denied Visitation

    My question involves a child custody case from the State of: Arkansas
    My two sons live with their mother (we were never married) in Arkansas. For the first 4 years after we split I was denied any sort of visitation by her and her family. Child support was set and paternity was established for both, but still no legal rights.
    I had the boys here for the second visit after four years when they started complaining about their live in Step-Dad (not married) abusing them. I asked the local CAC to interview the boys to determine the truth. Some of what the children said sounded to be exaggerated and some sounded as if it could be true.
    Upon notification from the local Department of Children and Families my ex drove to Florida where I live and picked up the boys from the babysitter while I was at work. I have not heard from them nor will they answer my calls. What are my rights? Can I get any visitation rights without a lawyer? I am worried about my children, and nobody will tell me squat.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Denied Visitation

    Can I get any visitation rights without a lawyer?
    You can try, but it's not an easy process and you really should never go to court without an attorney present.

    Contact the Clerk of Courts in the county in which your sons live and get the relevant forms. There will likely be a filing fee, and you'll need to submit proof of paternity.

    You really should not do this without an attorney, however.

  3. #3
    Join Date
    Aug 2008
    Posts
    1

    Default Re: Denied Visitation

    Get a good lawyer and fight for your kids. You do have rights as a father but you don't have those rights unless you exercise them.
    When you do get a court order follow it and if she doesn't then always document and file any necessary contempts for not following an order.

    I would also recommend a guardian et Litum. This is an attorney for the children who will investigate and make a recommendation to the courts.

    Good luck

  4. #4
    Join Date
    Aug 2008
    Posts
    4

    Default Re: Denied Visitation

    Is the Gaudian et Litum provided by the court? Is it something I would have to pay for. Not that I don't think my children are worth it. I wish I could have a body gaurd with them constantly. I am just really short on cash. The lawyer I spoke to last wants a lot of money and I am making it as fast as possible just not fast enough. This sounds like it could be very benificial to my children. Would it be better to have a Guardian et Litum than my own attouney? After all the main concern is for their safety. Then comes visitation. I miss them dearly but their safety comes first. I don't think I can afford two lawyers. I am having MAJOR difficulty coming up with the money for one.

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Denied Visitation

    Yes, the Guardian Ad Litem is appointed by the court.

    You can read more about GALs here.

  6. #6
    Join Date
    Aug 2008
    Location
    Ohio
    Posts
    23

    Default Re: Denied Visitation

    I'm glad I'm not alone in this. Your case sounds very similar to mine.

  7. #7
    Join Date
    Aug 2008
    Posts
    4

    Default Re: Denied Visitation

    I just don't understand why the women get all these rights and I have to get a court order before I can have ANY. Seems a little double standard to me.

  8. #8

    Default Re: Denied Visitation

    Quote Quoting Jeff KDad
    View Post
    I just don't understand why the women get all these rights and I have to get a court order before I can have ANY. Seems a little double standard to me.

    I am so offended I cannot even possibly begin to try to help you.

    Good luck.

  9. #9
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Denied Visitation

    Quote Quoting Jeff KDad
    View Post
    I just don't understand why the women get all these rights and I have to get a court order before I can have ANY. Seems a little double standard to me.
    It's correct that the custodial parent (sometimes a legal custodial parent is the father) has more rights BEFORE a vistation order is issued.

    However, once the court does issue an order, the non custodial parent has legally enforceable rights. That's why it is SO important to get a visitation order, because that simple piece of paper is the difference between having rights or having no rights.

  10. #10
    Join Date
    Aug 2008
    Posts
    4

    Default Re: Denied Visitation

    Ok, I guess an apology is warrented here. I have been stressed to the gills from this situation.
    It DOES seem that she has been given all the right to keep my children from me, even though I have done nothing to lose the rights I SHOULD have the moment they were born. I find it repulsive that I should have to get a peice of paper signed by a judge and pay tens of thousands of dollars to prove that I am a worthy father when she has a man living with her beating my children. I want to protect them and she's doing everything possible to prevent that.

    None the less I apologize to any ladies that I may have offended. Not every woman is the same as my ex. I do understand this. I am just a little bitter due to my current situation.
    Please accept my apology.

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