my fiance is trying to seek visitaion with his son but is running into a lot of problems. when him and his ex were together he had got a dui with his son in the car even though he was putting the car in park to take his son out which the mother put him in there. there was also a domestic dipute between them. he is now clearing all that up. he is half way through his domestic violence classes, he cleared up his dui classes and got his certificate, hes almost done with his parenting classes and now it came up he has to do a drug and alcohol componet class which he just signed up for that is only 26 weeks long. she had put a protective order on him once that domestic dispute took place, well actually a little while after they broke up when she met her now husband. she had went to criminal law and had it put on for her and her mother, then went to family court to put it on his son. family court sent him to criminal and criminal is sending him back to family court. hes been paying child support but hasnt seen his son in a year and a half. she has now changed her cell number so his family cant see his son either because she has a new baby with her husband who she has only been with a year (got preg within the first month of knowing him). he's in the military and there is possibilites of her moving. she had brought it up infront of his little sister that she was going to leave the state so he can see him not knowing that his sister heard her. what can we do???? he was also scared that she would file for statatory rape beacuse they are almost 5 years apart and she had the baby when she was 15 or 16 but they had been dating before that when he was 17, and her mother even moved him in. i went to the criminal law part and we found out that the sol is 3 years before 2003 and 6 years after 2003 so either she cant and even if she did her mother would be in big trouble. but now knowing all this where does he have to go and what does he have to do in order to see his son who just turned 5 nov 2006?????? PLEASE HELP US!!!!

duplicate post

my fiance is trying to seek visitaion with his son but is running into a lot of problems.


when him and his ex were together he had got a dui with his son in the car even though he was putting the car in park to take his son out which the mother put him in there.

Then he has endangered the child in the past and that gives her EVERY right to protect her son. You don't just get a DUI for...........well it doesn't even matter because this BS story is exactly that......B...S!


there was also a domestic dipute between them. he is now clearing all that up. he is half way through his domestic violence classes, he cleared up his dui classes and got his certificate, hes almost done with his parenting classes and

So he is a violent sort too........perhaps you should rethink that fiance' thing and try to figure out why you picked such a loser.


now it came up he has to do a drug and alcohol componet class which he just signed up for that is only 26 weeks long.

An alcoholic and drug abuser as well. Ohh la la


she had put a protective order on him once that domestic dispute took place, well actually a little while after they broke up when she met her now husband. she had went to criminal law and had it put on for her and her mother, then went to family court to put it on his son. family court sent him to criminal and criminal is sending him back to family court.

Good for her!


hes been paying child support but hasnt seen his son in a year and a half. she has now changed her cell number so his family cant see his son either because

The first redeeming (though not nearly redeeming enough) quality about him that you've posted.


she has a new baby with her husband who she has only been with a year (got preg within the first month of knowing him). he's in the military and there is possibilites of her moving. she had brought it up infront of his little sister that she was going to leave the state so he can see him not knowing that his sister heard her.

Please tell me that you are not trying to criticize her for this. How long till you "put out" for your domestically violent, alcoholic, drug abusing fiance'?


what can we do????

You can get some therapy and see why you are makings such bad choices.


he was also scared that she would file for statatory rape beacuse they are almost 5 years apart and she had the baby when she was 15 or 16 but they had been dating before that when he was 17, and her mother even moved him in.

OMG.....he's a pedophile too?


i went to the criminal law part and we found out that the sol is 3 years before 2003 and 6 years after 2003 so either she cant and even if she did her mother would be in big trouble. but now knowing all this where does he have to go and what does he have to do in order to see his son who just turned 5 nov 2006??????

To quote CA law in reference to domestic violence, child abuse / endangerment AND sexual abuse of a child (her by him to have gotten pregnant), and what constitutes grounds to terminate his parental rights should her husband want to adopt this child:



Domestic Violence Defined
Citation: Fam. Code § 6203


Intentionally or recklessly causing or attempting to cause bodily injury
Sexual assault
Placing a person in reasonable apprehension of imminent serious bodily injury


Persons Included in Definition
Citation: Fam. Code § 6211


Spouse or former spouse
Cohabitant or former cohabitant
Persons who have or have had a dating or engagement relationship
Persons who have a child together
A child of either person
Any other person related within the 2nd degree



Child Witness to Domestic Violence

Circumstances That Constitute Witnessing
Citation: Penal Code § 1170.76

When an offense is committed by a member of the household of a minor, or by a marital or blood relative of the minor, and the offense occurred in the presence of, or was witnessed by, the minor


Penalties
Citation: Penal Code § 1170.76

Such circumstances shall be considered an aggravation when imposing a sentence.



Definitions of Child Abuse and Neglect:

Physical AbuseCitation: Penal Code §§ 11165.6; 11165.3

Child abuse or neglect includes:


Physical injury inflicted by other than accidental means upon a child by another person
Willful harming or injury of the child or the endangering of the person or health of the child
Unlawful corporal punishment or injury
Willful harming or injuring of a child or the endangering of the person or health of a child means a situation in which any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is endangered.



Sexual Abuse
Citation: Penal Code § 11165.1

Sexual abuse means sexual assault or sexual exploitation as defined below:


Sexual assault includes rape, statutory rape, rape in concert, incest, sodomy, lewd or lascivious acts upon a child, oral copulation, sexual penetration, or child molestation.

Sexual exploitation refers to any of the following:

Depicting a minor engaged in obscene acts; preparing, selling, or distributing obscene matter that depicts minors; employing a minor to perform obscene acts
Knowingly permitting or encouraging a child to engage in, or assisting others to engage in, prostitution or a live performance involving obscene sexual conduct, or to either pose or model alone or with others for purposes of preparing a film, photograph, negative, slide, drawing, painting, or other pictorial depiction, involving obscene sexual conduct
Depicting a child in, or knowingly developing, duplicating, printing, or exchanging any film, photograph, video tape, negative, or slide in which a child is engaged in an act of obscene sexual conduct



Emotional Abuse
Citation: Penal Code § 11166.05


Serious emotional damage is evidenced by states of being or behavior including, but not limited to, severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others.



Circumstances That Are Grounds for Termination of Parental Rights
Welf. & Inst. Code §§ 361; 361.5; 366.26


The parent has abandoned the child.
The parent is unable to discharge his or her parental duties due to:

Mental disability
Extensive, abusive, and chronic use of alcohol or drugs
Incarceration or institutionalization

The parent has physically or sexually abused the child.
The parent’s conduct or neglect has resulted in serious physical injury to the child.
The parent has refused reunification services.
The parent has been convicted of a violent felony, indicating parental unfitness.
The child has been left without any provision for his or her support.
The parent has failed to visit or contact the child for 6 months.
The whereabouts of the parent have been unknown for 6 months.
Parental rights to another child of the parent have been involuntarily terminated.
The parent has caused the death of another child through abuse or neglect.
The parent has subjected the child to severe or repeated sexual or physical abuse.
The child was conceived as a result of a sexual offense against a child.
The parent willfully abandoned the child, and the abandonment itself constituted a serious danger to the child.



PLEASE HELP US!!!!
Don't think that's possible. To be completely honest and I am not trying to be cruel to you right now, however truth is truth, a person's past is a good indication of how their future will likely be. Do you REALLY want the same future with him that he inflicted on her in the past?

OSM...here is the rest of the story...

www.laborlawtalk.com/showthread.php?t=166698 (http://www.laborlawtalk.com/showthread.php?t=166698)

NICE!


Do you ever just wonder if there are cities where there are only 1 man per 100,000 females (age apparently isn't a factor for this guy)? Hhmmmmmm?

first of all a past is not always a window to someone future. there are plenty of people out there to prove it. second he has never hurt me in anyway or form. and yes i am on his side. he loves his son and misses him deeply. my daughter passed at 2months and 6days. i left the door open for her father to see her and he never did. he didnt care anything about her not even enough to get to the hospital before she passed. he didnt help with the funeral or anything. i did all that and my fiance was there for me for all that. i dont see how someone who loves there kid as much as him cant see him. where this jerk of an ex i had didnt want to be around and had an open door and only saw her when convient to him and paid nothing. my fiance no longer drinks, hes never done drugs. hes been sober for a year now. hes working and doing all his classes to clear everything up that he never got done while he was with her. as far as the dui, shes the one who was in her right mind and put the baby in the car so he wouldnt leave, it took a min for him to click it in his head and went around the block to drop him back off and thats when i cop pulled him over while he was parking. the domestic violence his son wasnt there, yes he hit her and he has to live with that everyday of his life and regrets it. he is no longer that person he was before i met him. and if anything she should be put in for domestic violence as well because when that happened she was hitting him not to leave her, he was tired of her controlling ways and was trying to leave the relationship. he had marks on him but she wasnt charged with nothing. and reguardless of their relatoinship thats his son and hes paying child support so he has a right as his natural father to see him. and her husband cannot adopt his son unless they take it to court and they cant contact him she has to put out ads and everything to contact him and she knows where him and his family are. this is all because of her husband that he cant see his son. she was calling him while the protective order was in effect she wanted to see him and this and that and he wouldnt do it. so she went and got married, at the time he was seeing his son, she was taking the baby for him to see him all day alone. but once she got married that stopped and she told him (i was on the line) that if he wanted to see his son he needed to give her 600 upfront for maybe seeing for an hour. he has a right as a father. he never did anything to that little boy if anything she was the one who never wanted to play with him or anything and we have signed affritatives from people that are not just his family stating this. hes already been charged with the domestic violence and the dui with child endangerment and cannot be charged again for it. now you need to think, you had an older boyfriend or if youre a guy you had a younger girlfriend or visvera. they were both young when they met and started dating, that has to count for something and her mother moving him in has to count for something too and make her mother at fault as well. and she still stayed with him after she turned 18. i think it was on free will i think he has a chance and so does his laywer. shes never threatened using this we were just trying to cover all basis.

you know that there are a few things that are being overlooked the visitation for one thing all he ahs to do is go to the courthouse where the childsupport case is and go look at the case file it will have every update in there includiing addresses and phone numbers. if there is a resraining order on him so that he cant see his son thats against the law even if they want to say that he was responsible for child endangerment. BS he has to be offered supervised visitation.

as far as the rape thing is concerned i am not very well educated on the SOL for your state i am in wisconsin. wisconsin just recently lifted their SOL there is none. and i am sure that if what information i gathered is correct. he better be on his best behavior and do some extra special crap. i know its cold but piss her off and see how cold it gets.

that is one thing i hold over one of my childrens biological father. i got preg with my son when i was 17. if i wanted to right now i could call the cops and have him picked up for rape. i told him the last time i saw him my son was 3 that was in 2000 that if he ever decided to try to take my son from me he would be put into jail.
so a few things to think about and do some checking before you do something your going to regret.

you know that there are a few things that are being overlooked the visitation for one thing all he ahs to do is go to the courthouse where the childsupport case is and go look at the case file it will have every update in there includiing addresses and phone numbers. if there is a resraining order on him so that he cant see his son thats against the law even if they want to say that he was responsible for child endangerment. BS he has to be offered supervised visitation.

1. There is no order for custody/visitation, so he has no right to see the child. 2. Having a restraining order that keeps you away from the child is in no way illegal. He does NOT have to be offered any type of visitation.


as far as the rape thing is concerned i am not very well educated on the SOL for your state i am in wisconsin. wisconsin just recently lifted their SOL there is none. and i am sure that if what information i gathered is correct. he better be on his best behavior and do some extra special crap. i know its cold but piss her off and see how cold it gets.

that is one thing i hold over one of my childrens biological father. i got preg with my son when i was 17. if i wanted to right now i could call the cops and have him picked up for rape. i told him the last time i saw him my son was 3 that was in 2000 that if he ever decided to try to take my son from me he would be put into jail.
so a few things to think about and do some checking before you do something your going to regret.

This is a LONG, drawn out saga. Until he gets his criminal situation cleared up, it is obvious that the courts will not deal with the civil situation.

i know he has to get his criminal stuff cleared up and hes in the process of that he's half way done with all his classes. but being in good standing with his classes he is able to see him. the family court where the child support order is at said he has to get the protective order lifted to go to criminal court..well the criminal court cant lift it without her being there the judge a few weeks ago told him to go to family court...well its back and forth that hes getting. thats why were getting a lawyer..but i was looking at the protective order and his son isnt even on it just her and her mom. its like theres a way to see him but were stuck. so i know we need this lawyer and whatever happens with "if" she files for statatory rape we'll have to deal with in court. thanks for everyones input, ill let you know how it turns out.