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can husband get visitation rights if my children dont know him? Georgia

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  • can husband get visitation rights if my children dont know him? Georgia

    In 2008 my husband an i split up i attemped to file for divorce on my own wo a lawyer. I filed but was missing so oc the papers and couldnt fig out how to get them. I didnt have money for a lawyer so i let it go. March of 2009 is the last time my husband seen my children they were 9 months and 3 yrs old. He hadnt seen them on a regulary basis anyway i tried to contact hi so he could see them and he never returned my call so i just gave up tryibg wasnt going to try to force him to see tgem. He strugles with a acholic problem and anger issues also. So finally in march 2010 after a year with no contact from him nor child support i went to a lawyer to get a uncontested divorce i fig he had already signed what i drew up he would sign these and we would ve divorcrd end of story i dont want nor need his money so tge papers were draw up and he was contacted by my lawyer he came to her office picked up paperssaid he would look them over and get back to her. He never contacted her again she attempted to contact him with no response. I couldnt afford to pay the addition money to presuehim in court so i let it go again till dec 2011 over a year after he got papers from my lawyer. I received a phone call from his girlfriend who i do not know nevet met in my life asking if i would meet her with my childern a let them stay the night to see him ummmm.....no i told her my kids dont know you i dont know you and they dont know him either. They have no memory of him. I told her if he wanted to see them take me to court gave her my lawyers numb so the next day he went and picked up yet another copy of divorce papers and said the sane thing he would get back to her. After trying to contact him for 4 months with no resose i have filed a contested divore asking that he not get vistitaion i feel its in best intrest of my childern bc they do not know him and i feel if he wanted to see them he would have over tge last 3 yrs i know if he got vistitaion he would see them a few times and disapear again ive never kept them from him he had my numb knew where i lived. I dint need him coming in with his alchol problems disrupting my childerns normal life i was wondering if its possible a judge award him vistation. He hasnt said he wanted vistitaion but just in case.

  • #2
    Yes, it absolutely is possible that a judge will award him visitation. It might be supervised at first but it would be unlikely that a judge would NOT award some form of visitation. How is he supposed to GET to know his children if he is not allowed access to them?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Originally posted by cbg View Post
      Yes, it absolutely is possible that a judge will award him visitation. It might be supervised at first but it would be unlikely that a judge would NOT award some form of visitation. How is he supposed to GET to know his children if he is not allowed access to them?
      Its not that i dont want him too, i just know with his lifestyle, and past actions he wont proceed a relationship

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      • #4
        So if he doesn't ask for visitation, you don't have to worry. But if he does, a judge is unlikely to prohibit it unless you have verifiable proof that he is a danger to the children.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Originally posted by cbg View Post
          So if he doesn't ask for visitation, you don't have to worry. But if he does, a judge is unlikely to
          prohibit it unless you have verifiable proof that he is a danger ato the children.
          He hasnt asked for vistitaion, so i dont know what he will do. But he has been violent towards me in the past ive had to have the police come out a few times. Thanks for your input

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          • #6
            Originally posted by junebug2 View Post
            He hasnt asked for vistitaion, so i dont know what he will do. But he has been violent towards me in the past ive had to have the police come out a few times. Thanks for your input

            He will get visitation, that's almost a certainty - even if it takes him years to file for it.

            Given that you're still married, I'd be very careful if I were you - while you're still married, Dad still has FULL EQUAL rights to his children. In other words, if he has asked to see them and you've refused without having a darned good reason for doing so (ie, they'd be in imminent danger if they went), it might look poorly on you in court.

            This also means that legally he can pick the kids up from daycare/school/whatever and there's not a thing you can do without at least temporary orders in place.

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            • #7
              Originally posted by Dogmatique View Post
              He will get visitation, that's almost a certainty - even if it takes him years to file for it.

              Given that you're still married, I'd be very careful if I were you - while you're still married, Dad still has FULL EQUAL rights to his children. In other words, if he has asked to see them and you've refused without having a darned good reason for doing so (ie, they'd be in imminent danger if they went), it might look poorly on you in court.

              This also means that legally he can pick the kids up from daycare/school/whatever and there's not a thing you can do without at least temporary orders in place.
              Everyone acts like im the bad guy. Im the one who has never left my kids the who has raised them sup ported them loved them im the one who does every thing the good bad and ths ugly. We walked out on us he left us high and dry. With no money
              Just to go do drugs and drink his life away and still after 3 yrs he has yet to call his gf did it i never denied him vistitaion untill 3yrs had gone by and my 3yr old and 6 yr old who has no earthly idea who a strange man is i think he needs to go through couloling and parenting classes before he gets to walk into inocent childerns lives just to walk out again. Its not that i dont want my kids to know there father i want him to step up and actually be one not play house for a while.

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              • #8
                Originally posted by junebug2 View Post
                Everyone acts like im the bad guy. Im the one who has never left my kids the who has raised them sup ported them loved them im the one who does every thing the good bad and ths ugly. We walked out on us he left us high and dry. With no money
                Just to go do drugs and drink his life away and still after 3 yrs he has yet to call his gf did it i never denied him vistitaion untill 3yrs had gone by and my 3yr old and 6 yr old who has no earthly idea who a strange man is i think he needs to go through couloling and parenting classes before he gets to walk into inocent childerns lives just to walk out again. Its not that i dont want my kids to know there father i want him to step up and actually be one not play house for a while.


                Some judges would ask what you've done to keep reminding the children that they have a father, shown them pictures of what he looks like, etc., during the time you've been apart.

                It's not about whether or not you're the bad guy - it's not about either one of you being the bad guy, actually.

                But it is about what's best for the children and how the courts feel. Your mistake seems to have been not filing temporary custody orders, or had you done that, modifying then once he'd been absent a year or so. At least then you would have more room to play with.

                Denying him flat out can backfire on you in court because remember, he has equal rights to his children. Now whether it would get a contempt finding or not, nobody here can guarantee. But don't give anyone more ammunition that they can find themselves..see where I'm going here? Be squeaky clean.

                In fact, that's my suggestion - you go to court now, yourself, and get TEMPORARY orders at the very least saying that because of his absence and the age of the children, Dad needs a graduated, supervised visitation plan which must be completed before he can move on to stage 2 (which would be unsupervised visitation).

                It's CYA time.

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                • #9
                  No one is saying you're the bad guy. You asked if a judge would give him visitation if he asked for it, and the answer is yes, a judge would likely give him visitation if he asked for it. That's because the children have a right to a relationship with both parents. It's not about you OR him - it's about them.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment

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